SANGRAMBHAI BHAGUBHAI BHARWAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. Shekhawat, learned advocate for the applicant, Mr. Pranav Trivedi, learned APP for the respondent-State and Mr. Gundecha, learned advocate for the respondent no.2.

(2.) Mr. Shekhawat submits that the challenge is to the judgment and order of acquittal passed on 31/8/2018 by the learned Additional Chief Metropolitan Magistrate, N.I. Act Court no.29, Ahmedabad in Criminal Case no.48707 of 2017. Mr. Shekhawat submits that though the evidence was produced on record, just because an application was moved by the accused to close the stage of complainant's evidence and as the order passed on the same application was to discard the evidence of the complainant, the learned Trial Court Judge, after dealing with the matter on merits and ultimately observing the fact of the oral evidence of the complainant being discarded, answered all the issues raised in negative and acquitted the accused. Mr. Shekhawat submits that the learned Judge has not followed the directions issued by the Hon'ble Supreme Court in the case of Indian Bank Association Vs. Union of India, reported in (2014) 5 SCC 590.

(3.) Considering the submissions made, leave to appeal is GRANTED.