PATEL BHARATBHAI MANIBHAI Vs. PATEL MAHESHBHAI KODARBHAI

JUDGEMENT

(1.) This appeal is filed under Sec. 378 of the Code of Criminal Procedure challenging the judgment and order passed by the learned 4th Additional Judicial Magistrate First Class, Himmatnagar dtd. 29/8/2023 in Criminal Case No.2149 of 2020.

(2.) The appellant is the original complainant, who filed a complaint before the learned Chief Judicial Magistrate, Himmatnagar alleging that the complainant is doing the agriculture work and private business and knowing the accused through one Rajubhai Amichandbhai Patel, who was the resident of Mahavinagar, Himmatnagar, District: Sabarkantha. On 11/10/2019, the respondent - accused came along with Rajubhai Patel and demanded the amount of Rs.4,50,000.00 and the complainant, after arranging the same, lent the said amount to the respondent - accused in cash. At the time of lending the amount, assurance was given that it would be repaid within a period of three months however, on completion of three months, when the demand was raised, the cheque bearing no.082762 of Sabarkantha District Central Cooperative Bank was issued in favour of the complainant. On depositing the same, the same was dishonoured with an endorsement of 'insufficient fund'. Therefore, the notice under Sec. 138 of the Negotiable Instruments Act was issued on 17/2/2020 which was not replied nor complied by the respondent - accused and, therefore, private complaint came to be filed before the competent Court. After recording the verification, the summons came to be issued under Sec. 204 of the Code of Criminal Procedure and thereafter, the respondent - accused appeared and plea was recorded below Exh.16. The respondent - accused pleaded not guilty and claimed to be tried. To prove the guilt of the accused, the complainant has examined himself below Exh.19 and produced six documentary evidence and thereafter, filed the closing purshish below Exh.37. On filing the same, further statement under Sec. 313 of the Code of Criminal Procedure was recorded wherein, the accused pleaded to be innocent and stated that there is no any debt which is incurred against the complainant however, the cheque which was given to Surbhi Finance, was misused by the complainant. In defense, the accused produced the reply to the demand notice below Exh.36. After considering the material placed and the submissions advanced by the learned advocates for the respective parties, the learned trial Court has passed the judgment and order of acquittal which is impugned before this Court.

(3.) Heard learned advocate Mr.Hannan Qureshi for the appellant.