PATEL CHETNABEN RAJENDRAKUMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present applications are filed by the applicants, wife and husband respectively - original complainants under Sec. 378(4) of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") seeking leave to file an appeal against the judgment and orders dtd. 22/08/2022 and 18/08/2022 respectively passed by the learned 8 th and 7th Additional Chief Judicial Magistrate, Gandhinagar respectively (hereinafter referred to as "the trial court") in Criminal Case Nos.3659 of 2019 and 3563 of 2019 respectively, whereby, the respondent No.2 - original accused came to be acquitted from the charge levelled against him under Sec. 138 of the Negotiable Instruments Act, 1881 (for short "the I.D. Act").

(2.) Heard learned advocate Mr.Bhavesh Hajare, appearing on behalf of the applicants - original complainants, learned APP Mr.Yuvraj Brahmbhatt, appearing on behalf of the respondent No.1 - State and learned advocate Mr.Tejas P. Satta, appearing on behalf of the respondent No.2 - original accused.

(3.) It is the case of the applicants that, the applicants had advanced hand-loan of Rs.50,00,000.00 in cash to the respondent accused in presence of one Rajendrakumar Sureshkumar being relative of the complainants, for which the respondent accused had issued cheques for the purpose of security. The said cheques on being deposited by the applicants, returned with an endorsement 'insufficient funds' and therefore, the applicants had issued a legal notice to the respondent on 09/03/2019 which was served upon the respondent on 12/03/2019, however, it returned with an endorsement 'refused to accept' and thereafter, the applicants had filed a criminal complaint before the concerned court. The concerned court had issued process against the respondent accused and after considering the oral as well as documentary evidence and after considering the submissions advanced by both the sides, the court had recorded the reasons in paragraph 12 onwards. The applicants had not produced any documentary evidence with regard to advancement of hand- loan to the tune of Rs.50,00,000.00 in cash but, the evidence has come on record to the effect that in the savings account of the applicants maximum balance during these four years reached upto Rs.10,000.00 only and therefore, the trial court has passed the impugned judgment and orders of acquittal in favour of the respondent accused. Being aggrieved and dissatisfied with the same, the applicants have preferred the present applications seeking leave to appeal alongwith criminal appeal challenging the same.