DIVYESH HARIVADAN PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Learned APP waives service of notice of rule for and on behalf of respondent-State and learned advocate Mr. Matafer R. Pande waives service of notice of rule for and on behalf of respondent No.2.

(2.) Heard Mr. H. N. Shah, learned advocate for the applicant-original complainant and learned advocate Ms. Dipsikha Mishra appearing for Mr. Matafer R. Pande, learned advocate on record for the respondent No.2-original accused.

(3.) This application is filed seeking leave to appeal against the judgment and order dtd. 1/9/2022 passed by learned 12th Additional Sessions Judge, Surat in Criminal Appeal No.421 of 2022, whereby, the learned Sessions Judge has quashed and set aside the order of conviction dtd. 8/9/2021 passed by learned 3 rd Additional Chief Judicial Magistrate, Surat in Criminal Case No.12631 of 2019. By the said order, the learned Sessions Judge, has recorded acquittal of respondent-accused for the offence punishable under Sec. 138 of the N.I. Act.