HARISH RAMKISHAN NARANG Vs. SATISHKUMAR MOHANLAL SACHDEVA

JUDGEMENT

(1.) The appellant has preferred these appeals under Sec. 378(4) of the Code Criminal Procedure against the judgment and order of acquittal dated 14.10.2016 rendered by learned 4th Additional Chief Judicial Magistrate, Surat below Exh.160 in Criminal Case No.1048 of 2003 and below Exh.165 in Criminal Case No.1049 of 2003. The said cases were registered against the respondents original accused for the offence under Sec. 138 of the Negotiable Instruments Act.

(2.) The case of the complainant is that he possesses a lincence of money lending. Since the complainant and the accused belonged to the same community, he advanced money to the accused time and again. In the month of May 2003, cheque nos.662930 & 662932 amounting to Rs.700000.00 dated 28.05.2003 were discounted by the accused from the complainant and after discounting the cheques, the remaining amount was paid to the accused. Thereafter, the cheques were deposited by the complainant in the bank which came to be dishonored with an endorsement as 'account closed". Thereafter, the complainant issued notice to the accused under Sec. 138 of the Negotiable Instruments Act to which the accused gave an evasive reply and did not pay the amount. Therefore, the complainant filed a complaint against the accused before the learned Magistrate, Surat.

(3.) After registration of the complaint, the summons was issued to the respondents and the respondents remained present. Thereafter, preliminary statement of the respondents was recorded in which the respondents denied the allegation levelled against them and requested to try the case.