Nileshbhai Chamanbhai Moliya vs State of Gujarat and Another

Z.K. Saiyed, J.—The present appeal, u/s 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 24.4.2009 passed by the learned 5th Senior Civil Judge and JMFC, Rajkot in Criminal Case No. 8764 of 2001, whereby the accused has been acquitted from the charges leveled against him.

2.0 The brief facts of the prosecution case are as under:

2.1 The Appellant - original complainant had filed a complaint u/s 138 of the Negotiable Instruments Act before the learned Judicial Magistrate First Class, Rajkot on 10.12.2001 and as per the said complaint, on 15.5.2001, the accused No. 2 had taken Rs. 52000/- from the complainant for one month on credit and after one month, he demanded the said amount. The accused gave cheque No. 02339 dated 15.6.2001 of Centurion Bank and the said cheque was deposited in the bank more than once and returned with endorsement of "Funds Insufficient". Thereafter, the complaint is lodged against the accused.

2.3 To prove the case against the present accused, the prosecution has examined the witnesses and also produced documentary evidence.

2.4 After hearing arguments, the learned Magistrate acquitted the Respondent of all the charges leveled against him by judgment and order dated 24.4.2009.

2.5 Being aggrieved by and dissatisfied with the aforesaid judgment and order passed by the learned Magistrate, the Appellant has preferred the present appeal.

Heard the learned advocates for the parties.

Today, both parties - Appellant as well as Respondent - accused are present before this Court and they have filed affidavit, wherein it is stated that compromise is arrived at between the Respondent accused and complainant - Appellant and in view of the compromise, the Respondent No. 2 - accused paid the amount of Rs. 52,000/- to the complainant and therefore, the dispute is resolved between the parties and hence, they do not want to proceed further with the appeal. Learned advocate for the Appellant does not press the appeal and learned advocate for the Respondent No. 2 has no objection about the same.

I have perused the affidavit, which is ordered to be taken on record. The dispute is amicably settled between the parties and the Respondent - accused has given Rs. 52,000/- to the Appellant before this Court.

In the result, the judgment and order dated 24.04.2009 passed by the learned 5th Additional Senior Civil Judge and Judicial Magistrate, First Class, Rajkot in Criminal Case No8764 of 2001, is hereby confirmed. However, the dispute between the parties is amicably settled and, therefore, Appeal is disposed of. Bail bonds, if any, shall stands cancelled. R & P to be sent back to the concerned trial Court, forthwith.