YOGENDRASINH PACHUBHA JADEJA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed seeking leave to prefer an appeal under sec. 378 (4) of the Code of Criminal Procedure, 1973 ('the Cr.P.C.' referred hereinafter) challenging the judgment and order of the acquittal dtd. 5/8/2023 passed in Criminal Case No.31315 of 2019 by the learned Chief Judicial Magistrate, N.I.Act Court No.37, Ahmedabad.

(2.) It is the case of the complainant that the complainant has given the financial facility to purchase the auto-rickshaw bearing RTO Registration No.GJ-04-W-9397. To repay the aforesaid loan amount, the cheque bearing No.00001 of Rs.1,41,598.00 dtd. 7/12/2018 was issued, which was dishonored on depositing with the Bank and therefore, after following the procedure under the Negotiable Instruments Act, 1886 ('the N.I.Act' referred hereinafter), a private complaint came to be filed.

(3.) Learned trial Court after considering the evidence on record and arguments advanced by the learned advocates for the respective parties came to the conclusion that the complainant fails to establish the legally enforceable debt against the respondent accused and therefore, the respondent-accused had acquitted from the charges punishable under Sec. 138 of the N.I.Act, which is the subject matter of challenge before this Court.