SURESHBHAI NANUBHAI JARGALIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed under Sec. 378 (4) of the Code of Criminal Procedure, 1973 ('the Cr.P.C.' referred hereinafter) seeking leave to prefer an appeal to challenge the judgment and order passed below Exhibit 1 in Criminal Case No.57933 of 2019 dtd. 11/2/2023 whereby the complaint came to be dismissed by exercising the power under Sec. 256 of the Cr.P.C. and the respondent-accused came to be acquitted for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1886 ('the N.I.Act' referred hereinafter).

(2.) It is the case of the complainant that the complainant is a milk vendor and as the complainant wants to sell the stable, the respondent-accused had shown willingness to purchase the same and therefore, the sale deed with the possession was executed between the parties on 30/8/2019. To make the payment of the sale consideration, the cheque dtd. 9/10/2019 for the amount of Rs.8.00 Lakh bearing No.048671 was issued in favour of the complainant. On depositing the same, it was dishonored with an endorsement of 'funds insufficient' and therefore, on following the due procedure under the N.I.Act, a complaint came to be filed.

(3.) Heard the learned advocate Mr.Pathiv Bhatt for the applicant.