GIRISHBHAI NATVARBHAI PATEL Vs. STATE

JUDGEMENT

(1.) The appellant, i.e. the original complainant has preferred this appeal under section 378 of the Code of Criminal Procedure challenging the order of acquittal dated 12/11/2003 passed by learned 4th JMFC, Navrangpura, Ahmadabad (Rural) in Criminal Case No. 564 of 2001, acquitting the present Respondent no.2 / original accused of the charges under section 138 of Negotiable Instrument Act (hereinafter referred to as the 'Act'). This Court granted leave vide order dated 7/5/2004.

(2.) The case of the complainant could be summarised as under:

(3.) The complainant thereafter as per the instruction of the accused presented the aforesaid two cheques in his bank, i.e. Kheralu Nagrik Sahkari Bank, Sola Road, Ahmedabad on 5/3/2001 and 8/3/2001. Both the cheques were returned with the endorsement "Funds Insufficient" and "Today's balance insufficient" respectively. The complainant's bank intimated the complainant about return of the cheques with the written memo on 8/3/2001. The complainant thereafter issued a notice through his advocate to the accused calling upon him to make payment of the amount mentioned in the cheques. The notice was issued on 13/3/2001 by registered post and also under the postal certificate. It is the say of the complainant that the notices have been received by the accused on 16/3/2001. The accused did not make the payment against returned cheques. The complainant filed complaint on 16/4/2001 before the competent court of Metropolitan Magistrate, Ahmadabad, which came to be registered as Criminal Case No. 564 of 2001. It is the case of the complainant / appellant that the accused appeared before the Court and asked for an adjournment for settling the matter with complainant on 7/6/2001. It is stated by the appellant that the accused thereafter requested for further adjournment on the ground of settling terms for compromise. The accused submitted a purshish on 24/7/2001 declaring to the trial court that he has already paid an amount of Rs.5,00,000=00 against the cheque amount of Rs.13,61,000=00 and the remaining amount of Rs.8,61,000=00 would be paid to the complainant within a period of 1 ? months. Thus, this compromise has arrived at between the parties. This purshish was in a nature of declaration as it contains clearly that this is a declaration to the Court duly signed by the accused who was identified by his advocate.