RAMANBHAI BALUBHAI RATHOD Vs. RAMABHAI JIVABHAI PRAJAPATI

JUDGEMENT

(1.) By way of this Revision, the Revisionist-original complainant has challenged the judgment and order dtd. 31/3/2012, passed by the learned Additional Sessions Judge, Sabarkantha at Modasa ('Appellate Court', in brief), in Criminal Appeal No. 2 of 2009, whereby, the Appellate Court quashed and set aside the judgment and order dtd. 15/12/2008, passed by the learned Judicial Magistrate First Class, Modasa (in short, 'Trial Court'), in Criminal Case No. 2562 of 2003.

(2.) For the sake of convenience, the Revisionist shall be referred to as the Complainant, whereas, Respondent No.1 shall be referred to as the accused, herein after.

(3.) The brief facts of the case are that the complainant instituted a complaint, under Sec. 138 of the Negotiable Instruments Act, 1881 (NI Act', hereinafter), before the trial Court, wherein, he stated that the accused happened to be his friends and since, the accused was in the need of money, the complainant had lent him an amount of Rs.90,000.00. According to the complainant, towards the security of the aforesaid amount, the accused had given him a cheque dtd. 11/7/2023, bearing No. 752664, drawn on the Sabarkantha District Cooperative Bank. It is the case of the complainant that on 11/7/2023, when he presented the said cheque for payment, the same was returned with the endorsement 'Insufficient Funds'.