AKBARKHAN AHMEDKHAN BHATTI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is filed challenging the judgment and order of acquittal passed by the learned Judicial Magistrate First Class, Talod in Criminal Case No.210 of 2020 dtd. 14/10/2022, acquitting the respondent-accused by dismissing the complaint for non-prosecution under Sec. 256 of Cr.P.C.

(2.) It is the case of the complainant that complainant is doing business of Carting Contract and accused No.2 and 3 are directors of the accused No.1 company who is engaged in business of taking government contract. On demand of accused, goods were supplied by the complainant for an amount of Rs.58,81,900.00 and to repay the same, cheque bearing No.000190 for the said amount was issued in favour of the complainant. On depositing the said cheque, it returned with an endorsement of 'funds insufficient', therefore, after following due procedure under the N.I.Act complaint came to be filed before the learned trial court.

(3.) Heard learned advocate Mr.Deep Kothari for the appellant-original complainant and learned advocate Ms.Tejal Vashi for the respondent-accused.