RAJUBHAI RAMESHBHAI KHATRI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) IN CRIMINAL REVISION APPLICATION The present applicant has challenged the impugned judgment and order dated 19.10.2016 passed in Criminal Case No. 362 of 2013 by learned Additional Chief Metropolitan Magistrate, N.I.Act. Court No.32, Ahmedabad which was confirmed by the learned Additional Sessions Judge, City Civil and Sessions Court, Ahmedabad vide order dated 6.11.2019 in Criminal Appeal No. 868 of 2016.

(2.) Heard learned advocate for the applicant.

(3.) It is submitted by learned advocate for the applicant that impugned order passed by the Courts below are contrary to the facts and record of the case. That, respondent No.2-­complainant is enable to prove that the cheque was issued towards the legal enforceable due and no evidence whatsoever was adduced before the trial Court by the complainant. That, the Courts below have clearly erred in not considering that the cheque itself was invalid. That, the cheque in which the amount in figures was stated as Rs.4,25,000/-­ and amount in words was stated as "Forty Lacs Twenty Five Thousand only" . That, because of such contradiction in words and figures, cheque itself is invalid which could not be accepted by the Bank. That, no conviction could be recorded under Section 138 of the Negotiable Instrument Act by the Courts below in such a invalid cheque. That, complainant himself in his cross-­ examination has admitted the fact that he seen accused for the first time in the court. That, the complainant and accused were not knowing each other and therefore, how the cheque amount of Rs. 4,25,000/-­ would be given in cash to the accused by the complainant. However, the applicant has deposited Rs.45,000/-­ and thereafter, Rs.1,67,500/-­ before the Appellate Court. That, the applicant is at present in judicial custody.