HARESHKUMAR MANSUKHLAL VITHALANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is filed under Sec. 378 of the Code of Criminal Procedure, 1973 ('the Cr.P.C. referred hereinafter) challenging the judgment and order of acquittal dtd. 27/2/2023 passed by the learned Presiding Officer Special N.I.Act Court, Rajkot in Criminal Case No.10103 of 2018, whereby the learned trial Court has exercised the power under Sec. 256 of the Cr.P.C. and dismissed the complaint and acquitted the respondent-accused from the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1886 ('the N.I.Act' hereinafter).

(2.) It is the case of the complainant that the complainant and the respondent-accused were friends and for the development of the business, the complainant lent the amount of Rs.4.00 Lakh through RTGS to the respondentaccused on 4/3/2017. On repeated demand, the cheque bearing No.019671 of Rs.4.00 Lakh was issued dtd. 10/4/2018. On depositing the cheque with the Bank, it was returned with an endorsement 'fund insufficient' and therefore, after following the due procedure under the N.I.Act, a private complaint came to be filed.

(3.) Heard the learned advocate Mr.Alok Thakkar for the appellant and learned advocate Mr.Jignesh Hajare for the respondent-accused.