ATULBHAI BABUBHAI AKHAJA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition has been filed under Articles 14, 19, 21, 226 and 227 of the Constitution of India and under Sec. 482 of the Code of Criminal Procedure challenging the Criminal Inquiry No. 25 of 2016 (Now, Criminal Case No. 1 of 2017) filed before learned Chief Judicial Magistrate, Amreli and order dtd. 16/12/2016 passed by learned 3 Additional District Judge, Amreli in Criminal Revision Application No. 35 of 2016, whereby the order of learned Chief Judicial Magistrate, Amreli dtd. 7/7/2016 passed below Exh. 4 in the said Crimial Inquiry is confirmed.

(2.) The petitioner has submitted that the respondent No. 2 herein has filed Criminal Case No. 25 of 2016 (now, Criminal Case No. 1 of 2017) under Sec. 138 of the Negotiable Instruments Act ("NI Act" for short) before the Chief Judicial Magistrate, Amreli alleging that he has given Rs.6,66,000.00 to the petitioner after getting loan from Gruh Finance. According to the complainant, the petitioner has issued cheque of Rs.1,80,000.00 of IDBI Bank dtd. 17/12/2015 to the complainant and the complainant deposited the same in his bank account but the same was returned back with endorsement of 'Insufficient Fund'. It is also alleged that according to the complainant, another cheque of Rs.4,66,000.00 of Indian Bank dtd. 21/12/2015 was issued by the petitioner to the complainant but the same was also returned with endorsement of 'Insufficient Fund'. It is contended that according to the complainant, he has issued statutory notice to the petitioner on 9/1/2016 under the NI Act and on 10/2/2016, the petitioner has given assurance to the complainant that he will return the total amount of Rs.6,66,000.00 within 60 days and in case of non-payment of the amount, the complainant would be entitled to initiate any legal proceeding. It is also contended that according to the complainant, he has again issued statutory notice dtd. 4/4/2016 to the petitioner but no amount was paid by the petitioner to the complainant.

(3.) It is also contended by the petitioner that the respondent No. 2 filed Criminal Inquiry No. 25 of 2016 (now, Criminal Case No. 1 of 2017) under Sec. 138 of the NI Act before the Chief Judicial Magistrate, Amreli on 18/4/2016 and there was delay in filing the complaint but at the relevant time, no application for condonation of delay was preferred by the complainant and it was thereafter, the complainant filed application for condonation of delay vide Exh. 4 which has been allowed by the Chief Judicial Magistrate. It is also contended that being aggrieved by the said order, the present petitioner filed Revision Application No. 35 of 2016 before the Sessions Court, Amreli. According to him, the same has been rejected by learned Sessions Judge vide order dtd. 16/12/2016.