NARAYANLAL BHERULAL KUNDARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and order dtd. 18/02/2020 passed by the learned 2nd Additional Sessions Judge, Bhavnagar rendered in Criminal Appeal No. 54 of 2018 whereby the learned appeal Court quashed and set aside the judgment and order of conviction and sentence dtd. 27/04/2018 recorded by the learned JMFC, Umrala in Criminal Case No. 13 of 2010, the appellant-original complainant has preferred this application to grant leave to appeal as provided under sec. 378(4) of the Code of Criminal Procedure, 1973 ("the Code" for short).

(2.) Brief facts leading to the filing of the complaint can be stated thus:

(3.) Respondent No. 2 faced the trial and not pleaded guilty and ultimately charge came to be framed by learned JMFC, Umrala and at the end of the trial, learned JMFC, Umrala convicted respondent No. 2 for the offence punishable under Sec. 409 of IPC and sentenced him to undergo SI for three months with fine of Rs.2,000.00; in default to undergo SI for 15 days.