NARESHBHAI WAGHJIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is filed by the appellant original complainant under Section 378(4) of the Code of Criminal Procedure, 1973 (hereinafter referred as "the Code"), being aggrieved and dissatisfied with the judgment and order dated 22.07.2009 passed by the learned Judicial Magistrate, First Class, Umreth (for brevity "learned Trial Court") in Criminal Case No. 1385 of 2005 acquitting the present respondent No.2 original accused for the charges of offences punishable under Section 138 of the Negotiable Instruments Act (for brevity "NI Act").

(2.) Heard learned Advocate Mr. Henil M.Shah, for learned Advocate Mr.Hriday Buch for the appellant, learned APP Ms. Jirga Jhaveri for respondent No.1 State. Learned Advocate Mr.Shivangkumar Trivedi for learned Advocate Mr.Nirsarg Shah for the respondent No. 2.

(3.) Facts of the case: