PATEL GHANSHYAMBHAI GOVINDBHAI Vs. JOSHI MUKESHBHAI TRIBHOVANDAS

JUDGEMENT

(1.) THE petitioners herein have challenged the order dated 2nd August 2007 in Criminal Case No. 450 of 2005 passed by learned Judicial Magistrate, First Class, Unjha, Mehsana qua initiation of inquiry under Bombay Money Lenders Act against the petitioner.

(2.) THE respondent herein availed of loan from the petitioners at different periods and respondent issued cheque to the petitioners for return of the said loan amount, but when the said cheque was deposited, the same was returned to the petitioners due to "insufficient funds". Petitioners therefore issued demand notice which was returned unclaimed. But the accused had received the notice sent by UPC. The petitioners therefore lodged complaint in the court of learned Judicial Magistrate, First Class, Unjha under section 138 of the Negotiable Instruments Act which was numbered as Criminal Case No. 450 of 2005 and Criminal Case No. 190 of 2005.

(3.) THE learned Judicial Magistrate, First Class, by order dated 2nd August 2007 and 16th August 2007 acquitted the respondent accused under section 138 of the Negotiable Instruments Act read with section 255 (1) of Criminal procedure Code and directed the Registrar, Cooperative Societies to initiate inquiry against the petitioners under the provisions of Bombay Money Lenders Act and report the compliance of the same to the Court.