KAMLESH SUNDARDAS HEMNANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application for seeking leave to prefer an appeal is filed by the applicant-original complainant seeking leave to prefer an appeal challenging the judgment and order dtd. 22/8/2024 passed by the learned 18 th Aditional Chief Judicial Magistrate, Surat in criminal case No.26623 of 2020 passed below Exh.37 whereby the respondent- accused was acquitted for an 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 in the complaint that the complainant is proprietor of Sai Jyot Fab and Bharati Fashion and knew the accused as they belonged to the same community. The complainant was offered partnership in the firm Nuboks Homes of the accused namely Dev Rajendra Sehejwani proprietor and for that the complainant has transferred the amount of Rs.2,00,000.00 each on three occasions through NEFT in the account maintained with the SBI, Vesu Branch, likewise the other two transactions through NEFT for Rs.2,00,000.00 each was also made in the account of the accused. Thereafter 3 cheques of Rs.50,000.00 each was transfered in the account of Akash Textile and given the cash in part Rs.2,00,000.00 in the year 2017.

(3.) After considering the evidence placed on record and the arguments advanced by learned advocate for the respective parties, the learned trial court has acquitted the respondent-accused which is the subject matter of present leave to prefer an appeal.