MOHAN DYECHEM INDUSTRIES Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant -original complainant has filed the present appeal under Section 378 of the Code of Criminal Procedure, 1973 against the Judgment and order of acquittal dated 17/1/2002 passed by the learned Assistant and Additional Sessions Judge, Vadodara in Criminal Appeal No. 28 of 2001 whereby the judgment and order of conviction and sentence dated 20/4/2001 passed by Judicial Magistrate First Class (Traffic), Vadodara in Criminal Case No. 1739 of 1999 is set aside and accused was acquitted of the charges leveled against him.

(2.) THE brief facts of the prosecution case are as under:

(3.) LEARNED advocate Mr. M.M. Tirmizi for the appellant -original complainant contended that there was non -production of document regarding service of postal receipt and the same was not properly considered by the learned Assistant and Additional Sessions Judge and acquitted the accused of the charges leveled against him observing that the complainant has not followed mandatory provisions of law. He has also contended that the Sessions Court has not properly appreciated the evidence led by the prosecution before the Trial Court and looking to the provisions of law itself it is established that the prosecution has proved the whole ingredients of the evidence against the present respondent -accused. He has also taken this Court through the oral as well as the entire documentary evidence. He has submitted that the accused was found committing offence punishable under Sections 117 and 138 of the Negotiable Instruments Act and therefore the Judicial Magistrate First Class (Traffic) has rightly imposed the punishment as stated above upon the accused person and therefore there was no reason for the learned Assistant and Additional Sessions Judge to disbelieve the prosecution case and to acquit the respondent -accused.