OM CORPORATION Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal under Sec. 378(4) of the Code of Criminal Procedure 1973 is preferred against the judgment and order of acquittal dtd. 12/3/2022 passed by the learned Additional Chief Judicial Magistrate, Idar in Criminal Case No.935 of 2011, whereby the learned trial Court Judge acquitted the accused- respondent No.2 herein.

(2.) Advocate Mr.Punam Gadhvi and Ms.K.D.Patel, learned advocate for the respondent no.2 - Prafulbhai Nandlal Tilavat, who is accused in Criminal Case No.935 of 2011 filed under Sec. 138 of the N.I.Act before the Additional Chief Judicial Magistrate, Idar.

(3.) On verification, by way of order dtd. 27/4/2011, the case was registered and the summons was issued against the accused, making it returnable on 27/6/2011. As per the Rojnama, vide Exhibit-4, prayer was made for issuance of summons by way of Registered Post- A.D. Exhibit-5 is Vakaltnama on behalf of the accused filed on 4/8/2011. Exhibit-7 is the list of documentary evidence of the complainant. The matter was posted on 15/2/2012, where accused advocate filed an adjournment application and vide Exhibit-10, the statement of the accused was recorded on 20/6/2011. The record and proceedings shows that vide Exhibit-16, on 10/10/2012, the application to produce the documentary list was granted, vide Mark 17/1 to 17/11, the documents were produced, and on the very same day vide Exhibit-18, the evidence of the complainant was recorded.