MAHESHKUMAR NATHABHAI DESAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is filed under Sec. 378 of the Code of Criminal Procedure, 1973, challenging the judgment and order of acquittal dtd. 3/4/2023 passed by the learned Additional Chief Metropolitan Magistrate, N.I.A. Court No.36, Ahmedabad in Criminal Case No.95307 of 2021 whereby, the respondent - accused is acquitted from the charges under Sec. 138 of the Negotiable Instruments Act, 1881.

(2.) It is the case of the complainant that the appellant has given an amount of Rs.10.00 lacs to the respondent no.2 as a hand loan. Upon request being made by the appellant to return the amount, the cheque bearing No.000062 dtd. 18/6/2021 of Ahmedabad District Co-operative Bank Ltd. was issued in favour of the appellant for the amount of Rs.10.00 lacs. The aforesaid cheque is deposited in the account by the appellant on 22/6/2021 however, the said cheque was returned unpaid with an endorsement of "payment stopped by the drawer".

(3.) Heard learned advocate Mr.D.P. Kinariwala for the appellant.