CHUNILAL CHHAGANLAL MEHTA Vs. SHREE SAGAR INDUSTRIES

JUDGEMENT

(1.) This appeal is filed challenging the judgment and order of acquittal passed under Sec. 138 of the Negotiable Instruments Act by the learned Additional Judicial Magistrate First Class, Himmatnagar dtd. 13/5/2023 in Criminal Case No.5253 of 2014.

(2.) It is the case of the complainant that the complainant is the wholesaler and doing the business in the name and style of 'M/s.Chunilal Chhaganlal Mehta'. The respondents - accused are running the ginning factory and were having the business relations with the complainant. The accused purchased the cotton from the complainant and for the payment of the said goods, the cheque of Rs.3,54,611.00 was issued in favour of the complainant. On depositing the said cheque, it was returned with an endorsement of "excess amount than the permissible limit". Thereafter, on following the procedure prescribed under the Negotiable Instruments Act, the private complaint came to be filed before the competent Court.

(3.) The learned trial Court has issued the summons after recording the verification on 26/9/2014. Thereafter, the case was adjourned from time to time. On 13/5/2023, when the impugned order was passed, there was a lok adalat and the learned trial Court has dismissed the complaint by exercising the power under Sec. 256 of the Code of Criminal Procedure, which is impugned before this Court.