MUKESHKUMAR BABULAL PATEL Vs. STATE OF GUJARAT& ANR.

JUDGEMENT

(1.) The revisionist is the original complainant who has alleged that he had loaned an amount of Rs. 15,000.00 to the respondent No. 2 as they were having business relations and it was granted subject to repayment within a period of one month. As the respondent No. 2 herein failed to repay the amount within stipulated period, therefore, a demand was made by the revisionist and the respondent No. 2 issued a cheque for an amount of Rs. 15,000.00 drawn on Ahmedabad District Co-op. Bank, Sarkhej Branch, dated 25.05.1999. Upon depositing the aforesaid cheque in his bank account, the same was returned with endorsement of 'insufficient fund' and therefore, he issued a legal notice through an advocate on 01.06.1999. In spite of receipt of the aforesaid legal notice, the respondent No. 2 did not repay the aforesaid amount. Therefore, he filed a complaint before the learned Judicial Magistrate First Class, Himatnagar being Criminal Case No.1930 of 1999. The said complaint, after conclusion of trial and hearing came to be disposed of convicting the respondent No. 2 for 6 months and fine of Rs. 1,000.00.

(2.) Respondent No. 2 being aggrieved and dissatisfied with the said judgment and order of the learned Magistrate, preferred Criminal Appeal No. 25 of 2006 under Sec. 374 of the Criminal Procedure Code, 1973 before the District and Sessions Court Sabarkantha at Himatnagar. The learned 2nd Additional Sessions Judge, Sabarkantha at Himatnagar by the impugned judgment and order dated 30.06.2007 set aside the judgment and order of the learned Judicial Magistrate First Class, Himatnagar and acquitted respondent No.2. The revisionist-original complainant has challenged this judgment and order in the present revision application.

(3.) This Court has heard learned advocate, Mr. Aamir Pathan for learned advocate, Mr. Ashish M. Dagli for the petitioner and learned APP, Mr. L.R. Pujari for respondent No. 1 and learned advocate, Mr. Mitesh R. Amin for respondent No. 2.