DHANJIBHAI NATHAJI MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an application filed by the appellant-original complainant praying to grant leave to prefer an appeal against the judgment and order of acquittal passed by learned 5th Additional Chief Judicial Magistrate, Gandhinagar in Criminal Case No. 5992 of 2019 dtd. 9/6/2023 whereby, the respondent-accused were acquitted for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the "N.I.Act").

(2.) It is the case of the complainant that complainant and the accused are residents of adjoining villages and accused was running a hospital at Rajasthan and on demand being raised, amount of Rs.8,00,000.00 was lent to the respondent-accused and for the payment of the aforesaid amount cheque bearing no. 000019 was given, which was dishonoured and thereafter, on following the due procedure, a private complaint came to be filed under the N.I. Act.

(3.) Heard learned advocate Mr.Yogesh Kanade for the applicant. Learned advocate Mr.Kanade submits that the judgment and order of acquittal was passed by the learned trial court mainly on the ground that part payment which was made was not endorsed and therefore, it was held that the complainant fails to establish the legally enforceable debt against the respondent-accused.