RAJESHBHAI ARVINDBHAI GHEEWALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Ms. Khushbu H. Danecha, learned advocate on record appearing for the applicant.

(2.) This is an application seeking leave to appeal filed under sub Sec. -(4) of Sec. -378 of the Code of Criminal Procedure seeking permission of this Court to challenge the judgment and order of acquittal dtd. 29/4/2022 passed by the learned 14th Additional Chief Judicial Magistrate, Surat for the alleged offence under Sec. 138 of Negotiable Instruments Act.

(3.) Ms. Khushbu H. Danecha, learned advocate on record for the applicant-original complainant has invited attention of this Court to the reasons assigned by the trial Court while recording order of acquittal. She has referred to and relied upon the deposition of the complainant and his cross- examination. She has further invited attention of this Court to the invoices placed on record by the complainant which have been admitted as evidence vide Exhibit-10 to 25. She has submitted that the business transaction had taken place between the complainant and the accused for a total amount of Rs.3,69,829.00 from 13/8/2015 to 18/9/2016 against which the accused had made part payment of amount of Rs.55,483.00 and the outstanding amount was Rs.3,14,346.00. She further submitted that the accused had cleared an amount of Rs.2,44,014.00 through various cheques issued during the period of 15/1/2016 to 27/9/2016.