PATEL NARAYANBHAI GORDHANBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed under Sec. 378(4) of the Code of Criminal Procedure at the instance of the original complainant seeking special leave to appeal in order to challenge the judgment and order dtd. 3/4/2019 passed by the learned Additional Chief Judicial Magistrate, Idar in Criminal Case No.559 of 2019. By the said judgment and order, the learned Magistrate has recorded acquittal of the respondent no.2- original accused for the offence alleged under Sec. 138 of the Negotiable Instruments Act (hereinafter referred to as the "Act").

(2.) In nutshell the case of the complainant before the trial Court was that the complainant is an agriculturist holding agricultural land at village Laxmanpura, Tal: Idar, Dist. Sabarkantha and the son of the complainant is engaged in an independent business and is residing at Gandhinagar. The complainant, therefore, claims to have his own source of income. It is further contended that the complainant and the respondent - accused were having friendly relations and the respondent- accused had approached the complainant seeking hand loan, for which, the complainant had extended financial help of an amount of Rs.11,59,000.00.

(3.) Considering the averments made in the complaint and the verification of the complainant, as recorded by the learned Magistrate on 3/4/2019 below Exh.1, having noticed the prima facie ingredients of maintainability of complaint under Sec. 138 of the Act, the learned Magistrate had issued summons upon the respondent accused.