PRANAV CHANDRAKANT SHAH Vs. PARAFULBHAI SHIVLAL PATEL

JUDGEMENT

(1.) This appeal has been filed by the appellant original complainant under Sec. 378(1)(3) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') against the judgment and the order passed by the learned 3 rd Additional Sessions Judge, Surendranagar (hereinafter referred to as 'the learned Appellate Court') in Criminal Appeal No. 15 of 2011 dtd. 28/7/2011, whereby, the learned Appellate Court has quashed and set aside the judgment and order of conviction passed by the learned Additional Chief Judicial Magistrate, Surendranagar, (hereinafter referred to as 'the learned Trial Court) in Criminal Case No. 37 of 2010 dtd. 28/2/2011, whereby, the learned Trial Court had convicted and sentenced the respondent no. 1 original accused to simple imprisonment for one year and fine of Rs.25,000.00 (Rs.Twenty Five Thousand Only) and in default, simple imprisonment for two months for the offence punishable under Sec. 138 of the Negotiable Instruments Act (hereinafter referred to as 'the N.I.Act').

(2.) The relevant facts leading to filing of the present appeal are as under:

(3.) The learned Trial Court took cognizance of the offence and the accused was duly served with the summons and appeared before the learned Trial Court and the plea of the accused was recorded at Exh.15, wherein, the accused denied all the contents of the complaint and the entire evidence of the complainant was taken on record. The complainant was examined at Exh.18 and 09 documentary evidences were produced in support of the case.