POORNANKBHAI JAYENDRAKUMAR KHACHAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is filed under Sec. 378 of the Code of Criminal Procedure challenging the judgment and order dtd. 6/7/2023 passed by the learned Additional Civil Judge, Dabhoi in Criminal Case No.3749 of 2021 below Exhibit 1 whereby, the accused came to be acquitted from the charges under Sec. 138 of the Negotiable Instruments Act by exercising the power under Sec. 256 of the Code of Criminal Procedure.

(2.) The case of the appellant - original complainant is that the complainant is working as a contractor and given the hand loan of Rs.5,25,000.00 in cash to the respondent - accused in the year 2019. On being demand of the said amount, the cheque bearing No.008878 for the amount of Rs.5,25,000.00 was issued in favour of the complainant with an assurance that on depositing the said cheque, it would be encashed and the amount would be credited in the account of the complainant.

(3.) On depositing the said cheque, it was dishonored with return memo with an endorsement of 'fund insufficient' on 30/6/2021. Therefore, after following the procedure prescribed under the N.I. Act, the private complaint came to be filed before the competent Court for the offence punishable under Sec. 138 of the N.I. Act. The day when the impugned order was passed i.e. on 6/7/2023, learned advocate for the complainant was not present neither the complainant was present and as the stage of the trial was of cross-examination of the complainant, the learned trial Court has dismissed the complaint due to absence of the complainant and his advocate which is impugned before this Court.