KESHAVLAL PRABHUDAS PATEL Vs. ASHOKBHAI BACHUBHAI MAGANBHAI PATEL

JUDGEMENT

(1.) The appellant-original complainant has preferred this appeal under Section 378(1)(3) of the Code of Criminal Procedure against the judgment and order dated 13.12.2005 passed in Criminal Case No. 2600 of 2003 by learned 7th Additional Senior Civil Judge and Judicial Magistrate First Class, Gandhinagar, acquitting the respondent accused for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881.

(2.) The precise case of the appellant-complainant is that as the complainant and the respondent accused both belonged to the same caste and community and were known to each other, for the need of business, the accused borrowed Rs. 8 Lacs from him with a promise that he would return the same within a short period. Thereafter, on completion of that period, the complainant demanded the amount and in lieu thereof, the accused issued a cheque in favour of the complainant for Rs. 8 Lacs which was deposited and came to be bounced with an endorsement "insufficient fund". In consequent whereof, the complainant issued notice through Registered AD Post as well as postal service which the accused refused to accept. Therefore, the aforesaid complaint came to be lodged under Section 138 of the Negotiable Instruments Act, 1881 against the respondent accused.

(3.) The learned Magistrate took the cognizance and issued process and thereafter, recorded the evidence.