NILESHBHAI GEEGABHAI DEVANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) ADMIT. Mr.Anand Tailor waives service of notice of admission on behalf of the contesting respondent No.2 and Mr.R.C. Kodekar, learned APP waives service of notice of admission on behalf of the respondent No.1.

(2.) Present Appeal has been preferred by the appellant - original complainant under sec. 378 of the Code of Criminal Procedure against the judgment and order of acquittal, passed by the learned 19th Additional Chief Judicial Magistrate, Surat dtd. 29/9/2021 in Criminal Case No. 62594 of 2018, by which the learned Judge dismissed the complaint filed by the complainant under sec. 138 of the Negotiable Instruments Act, for want of prosecution.

(3.) Brief facts giving rise to file prsent appeal are that the complainant filed complaint being Criminal Case No.62594 of 2018 for dishonour of the Cheque No.000022 dtd. 19/10/2018 of A.U. Small Finance Bank Himmatnagar issued by the accused to the complainant.