GOVINDBHAI PURSHOTTAMBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present Revision Application has been filed by the revisionist against the impugned judgment and order passed by the learned Judicial Magistrate First Class, Unjha dated 11. 12. 2006 in criminal case No. 500 of 1997 whereby the learned Judge acquitted the accused of offence punishable under section 138 of the Negotiable Instruments Act, 1881 as well as offences under sections 406 and 420 of Indian Penal Code.

(2.) IN brief, it is the case of the prosecution that respondent-accused borrowed an amount of Rs. 1,35,000/- from the present applicant for the purpose of doing business and against the said amount, respondent No. 2-accused had issued a cheque bearing No. 259186 dated 10. 11. 1995 drawn on Mehsana Urban Cooperative Bank Ltd. , Mehsana in favour of the complainant. The complainant presented the said cheque in Bank but it was returned with endorsement "insufficient funds". Thereupon the complainant issued notice to the accused for the payment. But the accused did not comply with the notice and not deposited any amount in the bank. The accused requested the complainant to redeposit the dishonoured cheque as he will make necessary arrangement for funds. The complainant kept faith in the accused and he did not file any complaint and as per the instructions of the accused, again the said cheque was presented in the bank for encashment but again the same was returned with endorsement "insufficient funds". Again, the complainant issued notice to the accused. In spite of that the accused neither comply with the notice nor made any payment to the complainant. Thereupon the complainant lodged complaint before the learned Judicial Magistrate First Class Court, Unjha for offence under section 138 of the Negotiable Instruments Act as well as for offences under sections 406 and 420 of IPC. The complaint was registered as CR. No. I-27 of 1996 with Unjha police station against respondent No. 2 for the aforesaid offences. After completing investigation, charge sheet was filed against respondent no. 2 and on the basis of the charge sheet, the case came to be registered as criminal case no. 500/97 before the learned JMFC, Unjha. Charge was framed at Exh. 2 for the above referred offences. The accused denied the charges levelled against him and claimed to be tried.

(3.) TO prove its case, the prosecution examiend as many as 5 witnesses including the complainant, witnesses and the Investigating Officer. The prosecution has also produced the disputed cheque at Exh. 31, the cheque with cheque return memo Exhs. 33 and 34. Notice issued by the complainant to the accused Exhs. 35, 27, 38, 39 and 40 and at Exh. 36 postal receipt of registered post.