RAJGOR PROTINS PVT. LTD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is filed under Sec. 378 of the Code of Criminal Procedure, 1973 ('the Cr.P.C. referred hereinafter) challenging the impugned judgment and order dtd. 3/1/2023 passed in Criminal Case no.1486 of 2021 by the learned Judicial Magistratre First Class, Harij, District Patan under Sec. 256 of the Cr.P.C. dismissing the complaint on the ground of non-prosecution and acquitting the respondent-accused for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1886 ('the N.I.Act' referred hereinafter).

(2.) It is the case of the complainant that the complainant and the accused is having the business relations and the respondent-accused had purchased the cumin seeds of Rs.33,73,180.00. Out of the aforesaid amount, some amount has been paid by the respondent- accused and for the amount of Rs.28,89,182.00 the cheque bearing No.273575 of the Axis Bank dtd. 6/10/2021 was issued in favour of the complainant. On depositing the said cheque, it was dishonored with an endorsement of 'funds insufficient' and therefore, after following the due procedure prescribed under the N.I.Act, a private complaint came to be filed.

(3.) Heard the learned advocate Mr.P.T.Jasani for the appellant-original complainant and though the notice was served by way of substitution of service, the respondent-accused did not appear to oppose this appeal.