JAYESHKUMAR THAKORBHAI PATANWADIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed seeking leave to prefer an appeal against the against the judgment and order of acquittal passed below Exh.20 by the learned 5 th Additional Chief Judicial Magistrate, Bharuch in Criminal Case No.15101 of 2017.

(2.) It is the case of the complainant that the complainant and accused were known to each other and accused had approached the complainant with a request to lend an amount of Rs.1,00,000.00 in the month of January, 2021. The complainant had lent the amount from his own personal savings and at that time an assurance was given that the said amount would be repaid within a period of 6 months and on repeated demands the cheque bearing No.300014 dtd. 9/11/2021 of Rs.1,00,000.00 was issued in the favour of the complainant. 2.1. On depositing the said cheque with the Bank, the same was dishonored with an endorsement of 'funds insufficient' and therefore, after following the due procedure under the Negotiable Instruments Act(hereinafter referred to as the NI Act), a private complaint came to be filed for the offence punishable under Sec. 138 of the NI Act. On being summoned the respondent-accused appeared and his plea was recorded, wherein he pleaded not guilty and claimed to be tried.

(3.) In order to prove the guilt of the accused, the complainant produced the documentary evidence which is in the nature of cheque return memo, notice etc. and he himself was examined below Exh.4. On filing the closing pursis the statement under Sec. 313 of the Criminal Procedure Code (hereinafter referred to as the Cr.P.C.) was recorded wherein the accused had pleaded that no such cheque was issued in favour of the complainant, neither he knows the complainant. The complainant has obtained the cheque from his brother namely Manojbhai and has filed the false case by misusing the said cheque.