BHAVSAR VINODKUMAR BABULAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an appeal filed by the appellant - original complainant under Sec. -378 of the Code of Criminal Procedure challenging the judgment and order of acquittal dtd. 27/4/2023 below Exh.76 passed by the learned 4th Judicial Magistrate First Class, Mehsana in Criminal Case No.4545 of 2018, wherein, the learned trial Judge has acquitted the respondent - accused from the charges levelled against him under Sec. -138 of the N.I. Act.

(2.) It is the case of the complainant that the complainant is doing the business in the name and style of 'Harikrushna Dresses'. As the complainant and the accused are the friends and relatives, they were knowing to each-other. It was conveyed by the respondent - accused that he is a Press Reporter and as the complainant is having son, who had completed the B.E. Mechanical in the year 2016, to get the job in O.N.G.C., it was conveyed by the accused to provide all the educational certificates and promise to give job within a period of six months. Under the guise to give job in the O.N.G.C., an amount of Rs.80,000.00 was taken through the cheque on 23/6/2017; Rs.40,000.00 was taken on 14/7/2017 and further Rs.40,000.00 was taken on the same day i.e.14/7/2017, by way of cheque of different bank, in all, it is alleged in the complaint that Rs.1,60,000.00 was withdrawn by the complainant through the aforesaid cheque and it was given to the respondent - accused. On completion of six months period, an inquiry was made with regard to the job as per promise, however, no satisfactory answer was given, therefore, money was demanded back and to repay the amount, the accused had issued a cheque for the amount of Rs.80,000.00 being cheuqe no.000002 and an amount of Rs.80,000.00 being a cheque no.000004 of dtd. 19/5/2018. An assurance was given that on depositing of the cheque, the amount would be credited in the bank account, however, on depositing the same, it was returned with endorsement of 'stop payment' on 1/6/2018. The complainant has issued notice on 7/6/2018 below Exh.16. As the accused neither replied to the notice nor complied with the notice, therefore, a private complaint came to be filed being Criminal Case No.4545 of 2018 before the competent court.

(3.) The learned trial Court after recording the verification of the complainant issue process under Sec. -204 of the Cr.P.C. wherein, on appearance of the accused, plea below Exh.9 was recorded, wherein, the respondent - accused had pleaded not guilty and claimed to be tried.