JAGDISHBHAI CHATURBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) As the common questions of fact and law arise in both these matters, both these matters are heard and decided together by this common judgment.

(2.) The brief facts leading to filing of these appeals are such that the appellant (original complainant) was an agriculturist and carrying out agricultural operations; that respondent No.2 was in need of money and the appellant, as a friend of respondent No.2, lent a sum of Rs.3,26,000.00 in cash; respondent No.2 promised to repay the said amount within a period of three months; but as he did not repay the same, the appellant demanded the same. Therefore, respondent No.2, issued the following cheques towards payment of Rs.3,26,000.00.

(3.) Considering the verification of the complainant and the documents, the complaints were registered, the accused was called for by serving the summons, the accused remained present before the Court, and he was provided with the complaint and the documents. On recording the statement of the accused, he pleaded not guilty and claimed to be tried.