SATISHBHAI SHANTILAL MEHTA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is ,led challenging the judgment and order of acquittal passed by the learned Magistrate while sitting in Lok Adalat jurisdiction on 8/9/2018 in Criminal Case No.1649 of 2013 dismissing the complaint for non-prosecution.

(2.) It is the case of the complainant that on demand of respondent-accused, complainant had lent the amount of Rs.10,00,000.00 to the respondent-accused and for repayment of the cheque which was issued in favour of the complainant on 12/10/2012 being cheque No.057757 was dishonoured with an endorsement of "funds insuRicient". On following due procedure under the N.I.Act, complaint came to be ,led by the complainant before the Additional Chief Judicial Magistrate, Rajkot being Criminal Case No.1649 of 2013 and on recording the veri,cation the summons came to be issued by the learned trial court on 3/6/2015. Learned trial court, thereafter, has dismissed the complaint while sitting in a special sitting on 8/9/2018 recording the absence of the complainant which is subject matter of challenge before this Court.

(3.) Heard learned advocate Mr.Devansh Kakkad for the applicant and learned advocate Mr.Monarch Pandya for the respondent.