ANILBHAI VASANTLAL SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is filed under Sec. 378 of Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C') challenging the judgment and order of acquittal passed under sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the 'N.I.Act') by the learned Special Judge, Negotiable Instrument Act, Surat in Criminal Case no. 22401 of 2019 dtd. 21/8/2023.

(2.) It is the case of the complainant that complainant is known to the respondent-accused through one Rameshbhai Soni and lend the amount of Rs.4,50,000.00at 21% interest at the shop of Rameshbhai Soni on 14/6/2016. The respondent-accused had executed the promissory note accepting the aforesaid amount and thereafter, issued the cheque bearing no.917676 dtd. 24/4/2019 for the amount of Rs.4,50,000.00 on assurance that this amount will be paid as principle amount and with regard to the interest, the accounts would be settled later on.

(3.) On being summoned, the respondent-accused appeared and his plea was recorded wherein, he pleaded not guilty and claimed to be tried. To prove his case, the complainant has produced 18 documentary evidences and examined himself below Exh.4. On filing the closing pursis, the statement under Sec. 313 of Cr.P.C came to be recorded wherein, the accused had pleaded false implications. To prove the defence, the accused examined two witnesses below Exh.49(a) and has produced 10 documentary evidences on record.