VINAYAK ENTERPRISE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE complainant has preferred this appeal under Section 378 (4) of the Criminal Procedure Code against the order dated 22.10.2013 rendered by the learned Judicial Magistrate First Class, Morbi, in Criminal Case No.1004 of 2008. The said case was registered against the present respondent original accused for the offence under Section 138 of the Negotiable Instruments Act.

(2.) THE case of the complainant was that the appellant is a partnership firm, carrying on business of Bill Discounting and Finance and the respondent No.2 original accused has business relation with the appellant. It is the case of the complainant that the respondent No.2 accused was indebted to the appellant for an amount of Rs.235,000/ -. The respondent accused, therefore, issued cheque No.325936 dated 4.2.2008 towards the said legal dues. It is the case of the complainant that the appellant original complainant deposited said cheque with its bank on 4.2.2008, but the said cheque was dishonored by the bank's endorsement of insufficient funds. After issuing legal notice to the respondent and as there was no response to the said notice nor the amount as stated above, was realized by the respondent No.2, the appellant was constrained to file the complaint being Criminal Case No.1004 of 2008 for the offence punishable under Section 138 of the Negotiable Instruments Act before the Court of learned Judicial Magistrate First Class, Morbi.

(3.) IT appears from the Rozkam that on 8.4.2009, the list of documents was produced then the summons was served on 8.8.2008 and the respondent No.2 accused was not appeared.