PARTHSARTHI NARESHBHAI CHAVDA Vs. RAMESHBHAI LAVJIBHAI AKHBARI

JUDGEMENT

(1.) 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 of the acquittal passed by the learned 2nd Additional Chief Judicial Magistrate, Jamnagar in Criminal Case NO.4121 of 2018 dtd. 13/9/2023 whereby the learned trial Court has acquitted the respondent accused from the charges punishable under Sec. 138 of the Negotiable Instruments Act, 1886 ('the N.I.Act' referred hereinafter) by exercising the power under Sec. 256 of the Cr.P.C.

(2.) It is the case of the complainant that the complainant had lent the amount of Rs.35.00 Lakh to the respondentaccused to repay the said amount the cheque bearing No.741125 dtd. 4/4/2018 was issued in favour of the complainant for the amount of Rs.35.00 Lakh.

(3.) Heard the learned advocate Mr.Jaivik Bhatt for the appellant and learned advocate Mr.Viral Dave for the respondentaccused and learned APP Ms.Vrunda Shah for respondent State.