TUSHARBHAI NAVNEETBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is filed under Sec. 378 of the Code of Criminal Procedure, 1973 ('the Cr.P.C.' referred hereinafter) challenging the impugned judgment and order of acquittal passed by the learned 2 nd Additional Chief Judicial Magistrate, Anand in Criminal Case No.4893 of 2021, whereby the learned trial court has dismissed the complaint under Sec. 256 of the Cr.P.C. for non prosecution and acquitted the respondent-accused 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 having a petrol pump and the respondent-accused is the transporter and used to come to the petrol pump of the complainant, this way they were having friendly relations with each other. Hence, when the respondent-accused asked the complainant to lend him Rs.15,00,000.00, complainant had lent it to him. In view of the aforesaid payment, a cheque of Rs.15,00,000.00 dtd. 8/7/2021 was issued in favour of the complainant with an assurance that on depositing the same it would be honored and the amount would be credited in the account of the complainant. On depositing the same cheque, it was dishonored with an endorsement of "Funds Insufficient".

(3.) Heard the learned advocate Ms.Renu Verma for the appellant-original complainant and though notice was issued, no one has appeared to oppose this appeal either in person or through an Advocate.