SMT. USHABEN ARVINDBHAI CHAUDHARY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application, filed under Articles 226 and 227 of the Constitution of India, is directed against impugned order dtd. 6/4/2016 passed below Exh.28 in Criminal Case No.422 of 2015, pending before the Court of learned Chief Judicial Magistrate, Vyara.

(2.) This Court has heard learned counsel Mr. C.K.Pandya for the petitioner and Mr.L.B.Dabhi, learned Additional Public Prosecutor for the respondent No.1-State.

(3.) The facts and circumstances giving rise to the present application are that the applicant herein is the complainant of Criminal Case No.422 of 2015 filed under Sec. 138 of the Negotiable Instruments Act. During the course of the proceedings, the complainant tendered one application at Exh.28 to exhibit the documents produced below Mark 25/1 and Mark 25/2, but the Court below did not have consider the documents produced below Mark 25/3 and rejected the application observing that the documents sought to be exhibited have not been referred to by the complainant.