SALIMBHAI ILYASBHAI VORA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is filed by the appellant-original complainant under Sec. 378 of the Code of Criminal Procedure, 1973 ('the Cr.P.C.' referred hereinafter) challenging the impugned judgment and order of acquittal dtd. 7/10/2023 passed in Criminal Case No.588 of 2013 by the learned 2 nd Additional Chief Judicial Magistrate, Anand.

(2.) It is the case of the complainant that the complainant was doing business of transportation and the accused had conveyed that he is the owner of the vehicles which were hired for transportation of cotton bundle from P.B.M Polytex Ltd, Cochin, Kerala. An advance amount was paid to the accused of Rs.1,26,000.00 towards the rent which was misused by the respondent-accused. On demanding the cheque amount as instead of depositing with the vehicle owner, he had utilized it for his personal expenses. The cheque bearing no. 023325 for an amount of Rs.80,000.00 was issued in favour of the complainant being namely South India Roadlines and on discerning the same, after following the due procedure under the Negotiable Instruments Act, 1881 ('the N.I. Act' referred hereinafter), a private complaint came to be filed being Criminal Case No.588 of 2013.

(3.) The learned trial court has issued summons after recording verification. However, as observed in the impugned judgement and order of acquittal, summons and warrants were not served to the respondent- accused. Therefore, complaint came to be dismissed by exercising the powers under Sec. 256 of Cr.P.C. which is the subject matter of challenge.