RAJESH RAMKISHAN GUPTA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Appeal is filed at the instance of the appellant - original complainant challenging the judgment and order dtd. 22/4/2022 passed by the learned 3rd Additional Judicial Magistrate First Class, Palanpur, in Criminal Case No.4930 of 2019. By the said judgment and order, the learned Magistrate has proceeded to dismiss the complaint in exercise of powers conferred under Sec. 256 of the Code of Criminal Procedure, resulting into acquittal of the respondent No.2 - original accused for the offence punishable under Sec. 138 of the Negotiable Instruments Act.

(2.) This Court by an order dtd. 17/4/2023 after hearing the learned advocates for the respective parties, had granted leave to appeal and the appeal was admitted and the R & P were called for. Hearing of the appeal was expedited and was directed to be notified on 1/5/2023.

(3.) Heard Mr. Ankit Bachani, learned advocate on behalf of the appellant - original complainant, Mr. H.J. Dholakia, learned advocate for the respondent No.2 - original accused and Mr. Bhargav Pandya, learned APP on behalf of the respondent No.1 State.