CHANDULAL KESHAVLAL MODI Vs. VIJAYSINH RATANSINH CHAVDA

JUDGEMENT

(1.) The appellant has preferred the present appeal under section 378(4)of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dated 13.7.2006 rendered by learned Metropolitan Magistrate, Court No.20, Ahmedabad in Criminal Case No.1623 of 2000.

(2.) The short facts giving rise to the present appeal are that Chandulal Keshavlal Modi has given power of attorney to the complainant and by virtue of the said power of attorney, the complainant has lodged the present complaint against the accused. It is alleged that the accused demanded the money from Chandulal Modi for his business purpose and accordingly, Rs.2 lakhs was given for which the accused executed the promissory note. It is alleged that Chandulal Modi invested the amount in M.I.S.Post Office scheme through the accused and by getting the signature of said Chandulal Modi on the withdrawal form, the accused has withdrawn the said amount, but the said amount was not given to said Chandulal Modi. It is alleged that on demand, the accused given the cheque of Rs.2,00,000/- but on depositing the said cheque, it returned on the ground of "fund insufficient". Thereafter, the notice was issued to the accused through the advocate and ultimately, the complaint came to be lodged against the respondent accused.

(3.) In pursuance of the complaint, the plea of the accused came to be recorded vide Exh.2 which came to be denied by the accused. Thereafter, the evidence on oath was recorded at Exh.3. At the end of the trial, after recording the statement of the accused under section 313 of the CrPC and hearing the arguments on behalf of the prosecution and the defence, learned trial Court delivered the judgment and order, as stated above.