Bhavubha Becharsinh Chavda Vs State of Gujarat & Anr (Gujarat High Court)
Gujarat High Court held that order of acquittal passed by Trial Court justified as accused has created a reasonable doubt of financial capacity of applicant to give hand loan and applicant has failed to prove his financial capacity.
Facts- The applicant filed a complaint against the accused under Section 138 of the Act, as the accused had taken a hand loan of Rs.15,00,000/- from the applicant and the accused had two issued cheques for the amount of Rs.2,55,000/- each dated 01.12.2008, and one cheque for the amount of Rs.2,40,000/- dated 15.04.2009 and Rs.7,50,000/- dated 04.05.2009.
The applicant deposited three cheques. However, the cheques were dishonored and the reason mentioned in the return memo was “Funds Insufficient”. The applicant sent the statutory demand notice to the accused on 23.05.2009 but no payment was made. The applicant filed the criminal complaint before the Court of the Judicial Magistrate u/s. 138 of the N.I.Act. After hearing the arguments, the learned Trial Court acquitted the accused from the offence u/s. 138 of the N I Act. Being aggrieved and dissatisfied, the applicant has preferred the present appeal.
Conclusion- In the entire evidence on record the applicant has not been able to prove that the amount of Rs.15,00,000/- was given to the accused and during the cross-examination, the accused has successfully challenged the financial capacity of the applicant. It is the case of the applicant that the accused had taken the amount of Rs.15,00,000/- as hand loan from him, but there is no of evidence that the applicant had the financial capacity to give the amount of Rs.15,00,000/-, the accused in cash on 01.12.2008.
