JAGRAJSINH GURUMUKHSINH DHILLON Vs. HEMANT JARIVALA

JUDGEMENT

(1.) This appeal is filed by the appellant - original complainant challenging the judgment and order passed by the learned Additional Chief Metropolitan Magistrate, N.I. Act Court No.31, Ahmedabad dtd. 6/5/2023 in Criminal Case No.85308 of 2019 whereby, the respondent - accused came to be acquitted from the charges punishable under Sec. 138 of the Negotiable Instruments Act.

(2.) The case of the complainant is that the complainant is doing the business in the name and style of "G.Aveda Enterprise" and the complainant is the partner of the said enterprise. It is the case of the complainant that the respondent - accused is doing the business in the name and style of "Jahnvi Agro Industries" and having the business relations with the complainant partnership firm. The respondent - accused has purchased the goods from the complainant firm by invoice no.033 dtd. 20/9/2018 of Rs.25,86,323.00, invoice no.034 dtd. 21/9/2018 of Rs.23,90,966.00 and invoice no.35 of Rs.27,54,344.00. The transactions were carried out upto September, 2018, totaling the amount of Rs.77,31,633.00. On making the demand for payment of the goods, cheque bearing no.071043 dtd. 27/9/2018 was issued for the amount of Rs.65.00 lacs. On depositing the said cheque, it was dishonoured with an endorsement "payment stopped by the drawer". Therefore, the notice came to be issued on 11/12/2018 which was returned with an endorsement "accused could not found though he was informed on telephone". On following the due procedure prescribed under the Act, a private complaint came to be filed.

(3.) After recording the verification of the complainant, the learned trial Court has issued the summons and on appearing by the accused, plea came to be recorded wherein, the accused had pleaded not guilty and claimed to be tried. To prove the case, the complainant himself was examined below exh.3 and produced the GST certificate below exh.8, partnership deed below exh.9, bill nos.33,34 and 35 below exh.10, cheque below exh.11, returned memo below exh.12, demand notice and postal receipt below exh.13, returned cover below exh.14, tracking report below exh.15, ledger account details of Jahnvi Agro Industries for the period from 1/4/2000 to 31/3/2018 below exh.16, ledger account details of Jahnvi Agro Industries from 1/4/2017 to 1/6/2018 below exh.17, ledger account details of Hemant Pravinchandra Zariwala from 1/4/2017 to 11/6/2018 below exh.18, ledger account details of Hemant Pravinchandra Zariwala for the period from 1/4/2000 to 31/3/2017 below exh.19, ledger account details of M.D. Enterprise from 1/4/2000 to 31/3/2018, ledger account details of Dhruvi Hemant Zariwala from 1/4/2000 to 31/3/2017 below exh.21 and ledger account details of Jahnvi Agro Industries from 1/4/2015 to 31/3/2019 below exh.23.