NARESHKUMAR MAGANBHAI SOLANKI 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 passed by the learned Judicial Magistrate First Class, Limbdi in Criminal Case No.607 of 2013 dtd. 12/3/2022 acquitting the respondentaccused for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1886 ('the N.I.Act' referred hereinafter) by exercising the power under Sec. 256 of the Cr.P.C.

(2.) It is the case of the complainant that the complainant had approached the respondent accused for getting the job at B.P.Khushwah Education Trust, Hathijan, Ahmedabad and on demand raised by the respondentaccused, the amount of Rs.3.00 Lakh was given to the respondentaccused to get the job. As the job was given only on probation basis, the amount which was paid was demanded back. To repay the amount, the cheque bearing No.516118 of IndusInd Bank dtd. 31/8/2013 for the amount of Rs.3.00 Lakh was issued in favour of the complainant. On depositing the same, it was returned with an endorsement of 'Drawer's signature differ' and therefore, on following the due procedure prescribed under the N.I.Act, the complaint came to be filed.

(3.) On filing the complaint, after recording the verification, the summons came to be issued on 15/10/2013 thereafter the matter was adjourned time to time for securing the presence of the respondentaccused. It transpires from the record that on number of occasions the complainant or his advocate remained absent and the summons could not be served upon the respondentaccused. Therefore, the matter was placed before the Lok Adalat and Lok Adalat has passed the judgment and order of acquittal by exercising the power under Sec. 256 of the Cr.P.C., which is impugned before this Court.