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HIGH COURT OF GUJARAT
HEMANT M. PRACHCHHAK, J
SURESHBHAI N. SHAH – Appellant
Versus
KISHORBHAI C. CHHAG OCC.BUNISESS – Respondent
| Table of Content |
|---|
| 1. cheque issued as loan (Para 1) |
| 2. cheque returned due to account closure (Para 2 , 3 , 4 , 5) |
| 3. error in acquittal (Para 6) |
| 4. no right to file complaint (Para 7) |
| 5. consideration of evidence (Para 8) |
| 6. no standing post-death (Para 9) |
| 7. appeal dismissed (Para 10) |
ORAL JUDGMENT
1. Present appeal under Section 378(4) of the Criminal Procedure Code , 1973 is filed by the appellant – original complainant against the impugned judgment and order of acquittal dated 21.04.2006 passed by the learned Judicial Magistrate, First Class, Veraval (hereinafter be referred to as “the Trial Court”) in Criminal Case No. 295 of 2005 whereby the Trial Court has acquitted the respondent – accused from the charges levelled against him.
2. Brief facts of the present case are that the complainant is residing at Veraval. It is alleged that In the year 2002 as the accused was in need of money, he has borrowed an amount of Rs. 1,00,000/- as loan from the father of the complainant and, therefore, the father of the complainant gave Rs. 1,00,000/- to the accused in the presence of him and thereupon the accused gave cheque bearing No.146766 dated 10.02.2005 for an amount of Rs. 1,00,000/- drawn on Ve
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