AMARBEN JETHABHAI PARMAR Vs. NARENDRABHAI KALIDAS CHAVDA

JUDGEMENT

(1.) This matter is a glaring example of misusing of the powers by the Police Officer who is doing the business of money lending.

(2.) The present application is filed seeking leave to prefer an appeal against the judgment and order dtd. 9/8/2023 passed by the learned 7 th Additional Judicial Magistrate First Class, Mahesana in Criminal Case No. 3066 of 2020 acquitting the respondent-accused for the charges punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the "N.I.Act").

(3.) It is the case of the complainant namely Amarben that complainant lent the amount of Rs.2,50,000.00 for education of children and treatment of accused's father's cancer ailment in several parts starting from 15/8/2019 to 22/10/2019 to the accused. For the repayment of the aforesaid hand loan the cheque bearing no. 000002 dtd. 26/2/2020 of Rs.2,50,000.00 was issued in favour of the complainant and on depositing the same on 3/3/2020, it was returned with an endorsement of "funds insufficient" 4/3/2020. With above contention, private complaint came to be filed before competent court.