PRAFULCHANDRA BHANJI KURVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Rule returnable forthwith. Learned advocates for respective respondents waives service of rule on behalf of respective respondent.

(2.) This application is filed by the applicant-original complainant under Sec. 378(4) of Cr.P.C. challenging the judgement and order dtd. 3/2/2018 passed by the learned Additional Chief Judicial Magistrate, Kachchh in Old Criminal Case No. 1443 of 2007 (New Criminal Case No. 3597 of 2017). By the said judgement and order, the learned Magistrate has proceeded to record the acquittal of respondent-original accused for the offence punishable under Sec. 138 of the N.I. Act.

(3.) The gist of the complaint filed by the present applicant- original complainant under Sec. 138 of the N.I. Act is summarised as under: