SHANTILAL MOHANLAL SHAH Vs. CHANDRAKANT AMBALAL THAKKAR

JUDGEMENT

(1.) The opponent No. 1 herein was convicted for the offence under sec. 420 of Indian Penal Code and in appeal filed by him against the said judgment and order of conviction the applicant who had filed private complaint in the Court was not given notice. Therefore he feels aggrieved. According to the applicant he has a right to receive notice of hearing as provided under sec. 385(1)(iii) of Criminal Procedure Code. Therefore the question is has the applicant (original complainant) any right whatever to receive such notice as to hearing of appeal ?

(2.) Necessary facts in brief be stated first. The applicant filed a complaint in the Court of learned Metropolitan Magistrate Ahmedabad alleging that the opponent No. 1 (original accused) had committed offence of cheating and had misappropriated an amount of Rs. 12 0 It was alleged that the applicant and the accused were working as Directors of a Bank known as Apex Bank. Thus the applicant and the accused were knowing each other. The applicant advanced an amount of Rs. 12 0 to the accused. It was the case of the applicant that as per the promise and as per the post-dated cheques of Rs. 500.00 each given to the applicant he could not realize the amount. When the cheques were presented before the bank it was brought to his knowledge that the account was closed. It may also be noted that the applicant had obtained promissory note when he advanced the aforesaid amount.

(3.) The learned Magistrate did not issue process on the complaint but directed the Police to investigate in the matter and submit report. This order was passed by the learned Magistrate under the provisions of sec. 156(3) of Criminal Procedure Code. The Police Inspector Ellis-Bridge Police Station investigated in the matter and submitted the chargesheet. On the basis of the chargesheet the learned Magistrate proceeded further. The charge for offence of cheating under sec. 420 of Indian Penal Code was framed against the accused and he pleaded not guilty to the charge. The learned Magistrate on appreciation of the evidence and after hearing the parties came to the conclusion that the opponent No. 1 (accused) was guilty of offence under sec. 420 of the Indian Penal Code and ordered him to undergo R.I for three months and further ordered to pay a fine of Rs. 1 0 and in default of payment of fine ordered him to undergo R.I. for one month more. This judgment and order was passed by the learned Magistrate on 30-11-1981.