PATEL MALPESHKUMAR KANTILAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) With the consent of the parties, appeal is being decided finally on admission stage.

(2.) This appeal is filed under Sec. 378 of the Code of Criminal Procedure, 1973 ('the Cr.P.C.' hereinafter) challenging the impugned judgment and order dtd. 20/6/2023 passed by the learned Additional Civil Judge and Judicial Magistrate first Class, Vijapur in Criminal Case No.1599 of 2022 below Exhibit 27, whereby the the respondentaccused is acquitted from the offence under Sec. 138 of the Negotiable Instruments Act, 1886.

(3.) The case of the complainant is that the complainant and the accused were knowing to each other as the accused is doing the trading business of potato and having the cold storage at Bardoli. The complainant used to visit the cold storage and the complainant and the accused become a friend. In the year March 2022, the accused had purchased the potatoes through the complainant of the amount of Rs. 11,12,146.00. As the said goods were purchased through the complainant, payment was made to the complainant of Rs. 80,146.00 in cash and for the remaining amount of Rs. 10,32,000.00 three cheques were issued in favour of the complainant. The details of the cheques are mentioned hereinbelow: