DIPESH THAKORBHAI TANDEL Vs. HIREN KISHORBHAI BHATT

JUDGEMENT

(1.) Heard Mr.Himanshu Desai, learned advocate for the applicant.

(2.) This application is filed seeking Special Leave to Appeal under sub-sec. (4) of Sec. 378 of Code of Criminal Procedure, 1973, challenging the order of acquittal recorded by learned 6th Additional Chief Judicial Magistrate, Surat dtd. 30/7/2019 passed in Criminal Case No.26435 of 2018 whereby respondent NO.1 herein came to be acquitted for an offence under Sec. 138 of the Negotiable Instruments Act.

(3.) The main grounds recorded by the learned Judge after referring two of the decisions of High Court of Karnataka as also Delhi High Court, in paragraph 17, whereby it has been held that the complainant has failed to prove the debt to be legally enforceable towards which the alleged cheque is issued.