SONIA GOKANI
Dashrathbhai Trikambhai Patel – Appellant
Versus
Hitesh Mahendrabhai Patel – Respondent
JUDGMENT :
1. Appellant, who is before this Court, is the original complainant of Criminal Case No.4023 of 2014 before the Court of learned Chief Judicial Magistrate in CBI Court No.2, Ahmedabad (Rural), whereby respondent no.1 was sought to be prosecuted for the offence punishable under Sections 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as “the N.I. Act” for short).
2. The appellant challenges the legality, validity and propriety of the judgment and order passed in the said Criminal Case dated 30.08.2016 by the trial Court, whereby the Court acquitted respondent no.1 accused for the offence punishable under Section 138 of the N.I.Act.
3. The facts in capsulized form are as follows:-
3.1. The respondent is the father-in-law of elder son of the complainant - appellant, who resided in the very village. They shared very good terms and enjoyed a cordial relationship. The respondent is having business of a contractor and was in need of money. Hence, he contacted the complainant appellant. He requested to arrange for cash of Rs. 20 lakhs and as the complainant
Arvind Maneklal Tailor vs. State of Gujarat and Another [2000 (3) G.L.H. 442]
Arulvelu and Anr. v. State represented by Public Prosecutor & Anr.: (2009) 10 SCC 206
Central Bank of India & Another vs. Saxons Farms & Others 1999(8) SCC 221
Goaplast (P) Ltd. v. Chico Ursula D'Souza and Another [(2003) 3 SCC 232]
Hiten P. Dalal v. Bratindranath Banerjee [(2001) 6 SCC 16]
Harbhajan Singh v. State of Punjab and another [AIR 1966 SC 97]
Kali Ram v. State of Himachal Pradesh [(1973) 2 SCC 808]
Kundan Lal Rallaram v. Custodian, Evacuee Property, Bombay [AIR 1961 SC 1316]
Kumar Exports v. Sharma Carpets
K.R. Indira v. Dr. G. Adinarayana [(2003) 8 SCC 300]
M.S. Narayana Menon @ Mani vs. State of Kerala and Another [(2006) 6 SCC 39]
M/s. Kalamani Tex and Another vs. P. Balasubramanian [2021 (1) Supreme 720]
M.S. Narayana Menon alias Mani v. State of Kerala and Anr: (2006) 6 SCC 39
Rahul Builders vs. Arihant Fertilizers & Chemicals And Another
Rangappa v. Sri Mohan : (2010) 11 SCC 441
Rohitbhai Jivanlal Patel vs. State of Gujarat and Another [2019 (0) Supreme (SC) 300]
Rahul Builders vs. Arihant Fertilizers and Chemicals [(2008) 2 SCC 321]
Rajeshwar Prasad Misra vs. State of West Bengal and Another [(1966) 1 SCR 178]
Sumeti Sumeti Vij vs. M/s. Paramount Tech Fab Industries [2021 (0) AIR(SC) 1281]
Shree Corporation vs. Anilbhai Puranbhai Bansal
Suman Sethi vs. Ajay K. Churiwala
The State through the Delhi Administration v. Sanjay Gandhi [AIR 1978 SC 961]
V.D. Jhingan v. State of Uttar Pradesh
Voruganti Chinna Gopaiah Vs. M/ s Godavari Fertilizers & Chemicals Ltd.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.