MAHANT ANANDPURI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is filed challenging the judgment and order dtd. 25/5/2023 passed by learned Additional Judicial Magistrate First Class, Himmatnagar below Exh.1 in criminal case No.4218 of 2022 whereby power under Sec. 256 of the Cr.P.C. was exercised and respondent- accused were acquitted from the offence punishable under Sec. 138 of the Negotiable Instruments Act (hereinafter referred to as the NI Act).

(2.) It is the case of the complainant that, complainant is running "Gaushala" and managing the Ashram by keeping cattle. The respondent-accused are doing labour work in the said "Gaushala". As they were in need of financial assistance, an amount of Rs.2,00,000.00 was demanded from the complainant which was lent and in lieu of the re-payment of the aforesaid amount, cheque bearing No.021973 dtd. 25/3/2022 was issued for the amount of Rs.2,00,000.00.

(3.) Considering these submissions advanced by the learned Advocate for the appellant and record and proceedings, it appears that learned Trial Court has recorded the absence of the complainant and his learned Advocate on 10/3/2023, 20/4/2023 and 25/5/2023 when the impugned judgment and order was passed. From the record, it transpires that on 16/2/2023, initially the absence of the learned Advocate for the complainant and the complainant was recorded, however subsequently on appearance of the learned Advocate for the complainant the documents was exhibited below Exh.09, 10 and 11 and the case was posted for cross-examination of the complainant. Prior to that from the "Rojkaam" it transpires that, no absence or presence of the learned Advocate for the complainant or the complainant was recorded, therefore it reveals that for two consecutive dates, when the complainant and his advocate remained absent, the learned Trial Court has passed impugned judgment and order of the acquittal.