KANUBHAI DALABHAI GHATADIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Since the issue raised in these appeals are similar, they are being decided by a common judgment. The facts of the criminal appeal No.665 of 2024 are taken for the purpose of adjudication.

(2.) This appeal is filed under Sec. 378 of the Code of Criminal Procedure, 1973 ('the Cr.P.C.' referred hereinafter) challenging the judgment and order passed by the learned Chief Judicial Magistrate First Class, Galteshwar at Sevaliya dtd. 25/9/2023 dismissing the complaint filed under Sec. 138 of the Negotiable Instruments Act, 1886 ('the N.I.Act' referred hereinafter) by exercising the powers under Sec. 256 of the Cr.P.C.

(3.) It is the case of the complainant that the complainant and the accused are relatives and were having family relations with each other. On 16/1/2018 accused came to the house of the complainant and demanded the amount of Rs.4.00 Lakh as a hand loan and it was conveyed that as huge loss occurred in the transport business and therefore, he is in need of money. The complainant had lent the amount of Rs.4.00 Lakh with an assurance that the said amount would be returned within a period of six months from the date of lending the money.