RASHMIBN RANMALBHAI VADHER Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed by the applicant - original accused no.3 challenging the order passed by the learned 2 nd Additional Chief Judicial Magistrate, Bhavnagar dtd. 1/5/2015 in Criminal Case No.2373 of 2014 below exh.15 whereby, the discharge application filed by the present applicant came to be rejected.

(2.) It is the case of the complainant, who is the respondent no.2 that Hitachi JCB machine was hired by the accused nos.1 to 3 named in the private complaint, who are the partners of Ajay Salt Works. The rent amount which fixed of Rs.1,50,000.00 was not paid, therefore, the cheque bearing no.073848 of Rs.1,25,000.00 was issued in favour of the complainant and assurance was given that on depositing the said cheque, the amount would be credited in the account.

(3.) On depositing the said cheque, the same was dishonoured on the ground that the signatures of the partners which are required, are not there in the cheque. Feeling cheated, the private complaint came to be filed under Ss. 406, 420 and 114 of the Indian Penal Code. On recording the verification, the learned trial Court has passed an order under Sec. 202 of the Code of Criminal Procedure directing the police officer of 'C' Division police station, Bhavnagar to submit the report. The report was submitted by the police officer on 1/1/2013 contending that the cheque which was dishonoured, was not signed by the present applicant and during the inquiry, it was found that three accused, namely, Ajaybhai Trivedi, Chakurbhai Vajubhai Chauhan and Ramjibhai Vajubhai Chauhan had cheated the complainant by keeping the present applicant in dark.