KAMLESHBHAI BALASHANKAR DAVE Vs. HIMASHU BHAGWANJI CHAUHAN

JUDGEMENT

(1.) Heard Mr. Hiren Modi learned advocate on record for the applicant-original complainant.

(2.) This application is filed under Sec. 378 (4) of Criminal Procedure Code seeking leave to challenge the judgment and order of acquittal dtd. 16/6/2015 passed in criminal Case No. 1577 of 2014 by the learned Judicial Magistrate First Class, Junagadh whereby the present respondent no.1-original accused came to be acquitted for the alleged offence punishable under Sec. 138 of the Negotiable Instruments Act.

(3.) Learned advocate for the applicant has invited the attention of this Court to the case of the complainant. He has submitted that the applicant is in the business of financing loan and considering the friendly relations which existed with the accused had given him hand loan of an amount of Rs.3,50,000.00. It is the case of the complainant that initially the respondent no.1 accused had prayed for financial help of an amount of Rs.5.00 lakhs. However, such amount was not available and the complainant had arranged the amount and had given him the amount of Rs.3,50,000.00 in cash. It has emerged in the evidence of the complainant that such amount was given way back in the year 2012. Subsequently, the complainant had requested for the repayment of the aforesaid amount to which the accused had handed over a cheque bearing No. 045840 of the State Bank of India, Junagadh Branch which was dtd. 25/1/2014. The complainant under the bonafide belief had presented the cheque before the concerned bank. However, the cheque was dishonored on the ground of 'funds insufficient'. The written memo of the cheque was received by the complainant on 11/3/2014. On 18/3/2014, the complainant was constrained to send legal notice under Sec. 138 of the N.I Act. It was duly served upon the accused on 21/3/2014 and instead of making payment, the accused had given vague reply. The cause of action had arose for the complainant to lodge the criminal case which was registered as Criminal Case No. 1577 of 2014 before the Court of 4 th Additional Senior Civil Judge and Additional Chief Judicial Magistrate, Junagadh.