DINESHKUMAR BHEMABHAI GAJJAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is filed under Sec. 378 of the Code of Criminal Procedure, 1973 challenging the judgment and order of acquittal dtd. 30/12/2022 passed by the learned Judicial Magistrate First Class, Shihori in Criminal Case No. 810 of 2015 acquitting the respondent-accused for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the "N.I. Act").

(2.) It is the case of the complainant that complainant is doing the business of taking contracts. Accused no.3 society was granted contract by Road and Building Panchayat Department, Shihori and out of the three aforesaid works, two works being (1) box culvert road on Aslali to Sudrosan road and (2) Causeway on the same road were allotted to the complainant by the accused persons. The Power of Attorney was also executed on 31/5/2008 and thereafter, the complainant has taken over the charge on behalf of the accused no. 1 to 3 of above contracts. All the communications were addressed in the name of accused no. 3 and the bills were also raised by the accused no.3. Complainant were given the authorization to carry out the above works and the complainant was first paid Rs.4,42,000.00 as the payment of expenses by the accused persons. Thereafter, work was further carried out and the complainant had invested his own funds on the assurance that on receiving the bill amount, the said funds would be repaid.

(3.) Heard learned advocate Mr.H.V.Gajjar for the appellant- original complainant.