RAJESH DARSHANLAL GUPTA Vs. AMIVISION A. PARTNERSHIP FIRM

JUDGEMENT

(1.) Feeling aggrieved by and dissatisfied with the judgment and order of acquittal dtd. 11/1/2008, passed by the learned 13 th Additional Senior Civil Judge and Judicial Magistrate (First Class), Vadodara in Criminal Case No.3383 of 2001, for the offence punishable under Sec. 138 of the Negotiable Instruments Act, the appellant original complainant has preferred this appeal under Sec. 378 of the Code of Criminal Procedure, 1973 (for short, "the Code").

(2.) The brief facts leading to filing of this appeal are such that respondent No.2 Sanjay Narsinhdas Shroff, who was the partner of respondent No.1 - Firm i.e. Amivision, was a friend of the appellant - complainant and as he was in need of funds, he sought financial help in February, 2007 from the complainant - present appellant and as the present appellant was running business of finance, he lent Rs.75,000.00 as personal loan to the present respondent No.2; to repay the same, the accused - respondent No.2 gave a cheque from the bank account of respondent No.1 - Firm and was signed by respondent No.2, but when the same was deposited in the bank, the same returned on the ground of 'insufficient funds' and once again when the cheque was deposited, the same returned on the ground of 'exceeds arrangement'. Therefore, the complainant sent a statutory notice to the accused through advocate, which was not replied by the accused, though received. Therefore, complaint was filed by the complainant as the accused did not repay the amount.

(3.) Considering the verification of the complainant and the documents, the complaint was registered, the accused was called for by serving the summons, the accused remained present before the Court, 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.