MURALILAL BIRDHICHAND RAWAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application seeking leave to prefer an appeal is filed under Sec. 378(4) of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C") challenging the judgment and order of acquittal passed by the learned Sessions Judge, Ahmedabad in Criminal Appeal No. 682 of 2018 dtd. 14/2/2020 acquitting the respondent-accused for the offence punishable under Sec. 138 of the Negotiable Instruments Act (hereinafter referred to as "N.I Act").

(2.) It is the case of the complainant that complainant and the accused as well as other persons had started business in the name and style of Ratnamani Foods from 11/8/2010. The partnership deed was executed before the Notary on 12/8/2010. The respondent-accused was in need of financial help, therefore, amount of Rs.5,00,000.00 was lent from the partnership firm to the accused through the bank. Later, the complainant and other partners demanded the repayment of the aforesaid amount therefore, the respondent-accused has issued four cheques in favour of the partnership firm for the amount of Rs.1,25,000.00 each.

(3.) Heard learned advocate Mr. Bhavik Shah for the applicant and original complainant.