Parakramsinh Harisinh Vaghela vs State of Gujarat

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Guj) 1277

NISHA M. THAKORE
Parakramsinh Harisinh Vaghela – Appellant
Versus
State of Gujarat – Respondent

Advocates:
Advocate Appeared:
For the Appellant : D.J. Bhatt
For the Respondents:I.M. Pandya, Advocate, Hemal A. Dave and Vrunda Shah, Addl. Public Prosecutor

JUDGMENT :

Nisha M. Thakore, J.

1. This appeal is filed at the instance of the original complainant under Section 378(4) of the Code of Criminal Procedure challenging the judgment and order dated 11.05.2007 passed by the 9th Additional Senior Civil Judge and Judicial Magistrate, First Class, Nadiad in Criminal Case No.505 of 2006. By the said judgment and order, the learned Magistrate has recorded acquittal of the present respondent - original accused for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the "Act").

2. The case alleged by the original complainant before the trial Court in brief is reproduced as under:

2.1. The present respondent no.2 was in need of financial help and had approached the original complainant by borrowing an amount of Rs.1 lakh in the year 2002. A separate document in writing on stamp paper of Rs.100/- was executed by the respondent no.2 in favour of the original complainant acknowledging the fact of borrowing the amount of Rs.1 lakh from the original complainant. Such deed was executed in presence of the witness on 5.6.2002. At that stage, the cheque bearing no.458070 drawn from the account of th