PIYUSH NAGINBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr.Zubin Bharda learned advocate on record for the applicant- original complainant.

(2.) Rule, returnable forthwith. Learned APP waives service of notice of Rule for and on behalf of the respondent- State.

(3.) This is an application filed under Sec. 378(4) of the Code of Criminal Procedure, 1973 seeking leave to appeal challenging the judgment and order of acquittal dtd. 9/2/2023 passed by the learned Chief Judicial Magistrate, Navsari in Criminal Case No.1643 of 2020. By the said judgment and order, the learned Magistrate has recorded the order of acquittal of respondent No.2- original accused for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 ('the N.I.Act' hereinafter).