BIPINCHANDRA HARAKHCHAND MEHTA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) With the request and consent of learned advocates appearing for the respective parties, these Criminal Misc. Applications are taken up for final disposal. Since the issue involved in these applications are identical and as such these applications are taken up conjointly by treating the R/Criminal Misc. Application No. 15454 of 2022 as a lead matter and the facts are taken from it for the sake of convenience.

(2.) This application is filed by the original complainant seeking leave to appeal against the judgment and order dtd. 25/4/2022 passed by learned Additional Senior Civil Judge & Additional Chief Judicial Magistrate, Surat, in Criminal Case No.45570 of 2018 and Criminal Case No. 45572 of 2018. By the said judgment and order, the learned Magistrate has proceeded to record the acquittal of present respondent No.2-original accused for the offence punishable under Sec. 138 of the N.I. Act.

(3.) The gist of the complaint presented before the learned Magistrate under Sec. 138 of the N.I. Act, is summarized as under: