SHAILESHBHAI PUNABHAI THESIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an Appeal filed under Sec. 378 of the Code of Criminal Procedure challenging the judgment and order of acquittal dtd. 10/1/2020 passed in Criminal Case No.16736 of 2016 by the learned 8 th Additional Senior Civil Judge, Surat, whereby, respondent nos. 2 to 5 - original accused came to be acquitted by the learned trial Court for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 on the sole ground that the partnership firm is not joined as accused.

(2.) The gist of the complaint as emerges from the record is that:

(3.) Initially, a statutory demand notice was raised by the complainant, which was duly served upon the accused through Registered Post AD, which was returned back with endorsement of "refused" on 27/1/2016. Similarly, notice was issued to all the accused which had again returned back with endorsement of "refused". Hence, complaint came to be lodged against the accused nos. 1 to 3 on 29/2/2016 under Sec. 138 of the Negotiable Instruments Act. The said complaint was registered as Criminal Case No.16736 of 2016 before the Court of 8 th Additional Senior Civil Judge, Surat.