ARVINDBHAI VASHRAMBHAI VIRANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed for seeking following main reliefs:

(2.) Brief facts as per the case of the applicant in this application are as such that the present respondent is the original complainant and complaint filed before the learned Chief Judicial Magistrate, Jamnagar under Sec. 138 of the Negotiable Instruments Act filed containing the fact that the complainant had given the money in 4 different installments in cash to the present applicant. It is further the case of the applicant in this application are such that the money given by be complainant were demanded, and that time the present applicant had given the cheque No. 00047 of HDFC Bank limited, Park Colony, Joggers Park Branch, Jamnagar for the Joint account No. 50100169863865 for Rs.35.00 lacks in the favor of original complainant and no trust and surety to encashment of cheque as well as applicant had also given promissory note dated on 10/4/2018, almost after more than one year of transaction and thenafter complainant had deposited a cheque before his account of Axis Bank Limited, Jamnagar Bank on dtd. 27/6/2018 and same was written as "payment stopped by the drawer endorsement", and the said written memo was received as on dtd. 27/6/2018, then after complainant had given notice dated on 14/7/2018 and same notice were written by back with endorse and "left RTGS 5/7" on dtd. 5/7/2018 and then after notice were return back and then after complainant had filed the complaint before the Learned Chief Judicial Magistrate, Jamnagar.

(3.) Heard learned advocate, Mr. Sandip M. Patel, representing the applicant, Mr. Premal S. Rachh for respondent No.2 (the complainant), and Mr. Dhawan Jayswal, the learned Additional Public Prosecutor (APP), representing respondent No.1 (the State).