MAGANBHAI HARIBHAI VIRANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application seeking leave to appeal along with Criminal Appeal is taken up for final hearing with the consent of the learned advocates appearing for the respective parties.

(2.) Present application seeking leave to appeal under Sec. 378(4) of the Code of Criminal Procedure is filed challenging the judgment and order dtd. 22/3/2022 passed by the learned Judicial Magistrate First Class, Liliya - Amreli, in Criminal Case No.423 of 2020. By the said judgment and order, the learned Magistrate has proceeded to record the order of acquittal of respondent No.2 - original accused for the offence punishable under Sec. 138 of the Negotiable Instruments Act.

(3.) The gist of the complaint is that: