(1.) This is an application by the applicant - original complainant under Sec. 378(4) of the Code of Criminal Procedure, 1973, seeking leave of this Court to present an appeal against the judgment and order of acquittal, passed by the learned Judicial Magistrate First Class, Malpur, Dist; Arvalli dtd. 4/10/2021 in Criminal Case No. 247 of 2019.
(2.) Heard, learned advocate Mr. Dharmesh R. Patel for the applicant, Mr. Bhavesh J. Patel for the respondent No.1 and learned APP Mr. R. C. Kodekar for respondent - State and perused the impugned judgment and order of the trial Court.
(3.) Considering the avernments made in the application and submissions made by the learned advocates appearing for the respective parties, leave, as prayed for, is granted. This application is allowed. Rule is made absolute accordingly.