RAKSHIT NITINBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is filed under Sec. 378 of the Code of Criminal Procedure, 1973 by Dr.Rakshit Nitinbhai Patel, who is the party-in-person before this Court challenging the judgment and order of acquittal dtd. 28/4/2023 passed by the learned 10 th Additional Senior Civil Judge and Additional Chief Judicial Magistrate, Vadodara in Criminal Case No.18405 of 2021 dismissing the complaint by exercising the powers under Sec. 256 of the Code of Criminal Procedure, 1973 ('the Cr.P.C.' hereinafter).

(2.) It is the case of the complainant that the complainant had provided the treatment as a physio therapist to the wife of the respondent-accused, namely, Kundanben Patel and raised the bill. As there was a medical insurance of the accused, the bill was sent to the Bajaj Allianz General Insurance Company Limited for the clearance. At the time of the treatment, the two advance cheque was taken and there was an understanding between the respondent-accused and the complainant that after clearance of the amount of medical policy, for remaining amount, the cheque would be deposited in the Bank. As per the allegation made in the complaint for three months, the physio therapy treatment was given by the applicant. However, the insurance company did not clear any amount, therefore, two cheques which were given in advance were deposited, which were dishonored for the reason mentioned in the memo Nos.1 and 20 i.e. "In Sufficient Funds" and "Payment Stopped by the Drawer." After following the procedure prescribed under the Act, the private complaint came to be filed before the Competent Court by the present applicant, who is physio therapist and advocate also.

(3.) Heard the party-in-person, namely, Dr.Rakshit Nitinbhai Patel and learned advocate Mr.Hiren Modi for the respondent-accused.