MOHMMAD IQBAL NAJIRHUSSAIN SHEIKH Vs. ASHWINBHAI JAYANTILAL PATEL

JUDGEMENT

(1.) Heard Mr. Shailesh Desai, learned advocate for the applicant, Mr. Maulin Pandya, learned advocate for the respondent no.1- original complainant and Mr. Bhargav Pandya, learned Additional Public Prosecutor for the respondent State.

(2.) This application is filed seeking application for leave to appeal to challenge the impugned judgment and order dtd. 7/7/2022 passed by the learned 2nd Additional Chief Judicial Magistrate, Nadiad in Criminal Case No.1253 of 2020. By the said judgment and order, the learned Magistrate has acquitted the respondent no.1 - original accused for the offence punishable under Sec. 138 of the Negotiable Instruments Act.

(3.) Considering the submissions made by the learned advocates for the respective parties and having perused the impugned judgment and order of acquittal, prima facie, this Court is of the view that the matter requires consideration. Hence, the present application is allowed and Leave to Appeal, as prayed for, is hereby granted. Present application stands disposed of accordingly.