SHABANA AKHLAKH UDHARDAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed by the applicant -original complainant seeking leave to appeal under Sec. 378(4) of the Code of Criminal Procedure challenging the impugned judgment and order of acquittal dtd. 1/9/2022 passed by the learned 4th Additional Judicial Magistrate, First Class, Bharuch in Criminal Case No.3344 of 2020. By the said judgment and order, the learned Magistrate has proceeded to record the order of acquittal of present respondent no.2- original accused for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the " NI Act ").

(2.) When the matter was taken up for admission hearing, the Court having noticed the nature of dispute wherein it had transpired that the son of original accused is married with the daughter of the complainant and parties are facing various litigation, the Court had referred the matter to the Mediation Center to explore the possibility of settlement. Learned advocate Mr. MM Saiyed had appeared for the applicant and learned advocate Mr. Ramnadan Singh had appeared for the respondent no.2- original accused. Learned advocates for the respective parties have made efforts to settle the dispute. However, the mediation was reported to be unsuccessful. In such circumstances, the matter was taken up for admission hearing.

(3.) The learned advocates for the respective parties were extensively heard and were permitted to place on record the written submission along with authorities relied upon. Such written submission with authorities have been placed on record by both the sides. Having heard the learned advocates for the respective parties and having perused the impugned judgment and order and also written submission which has subsequently come on record, the Court at the stage of grant of leave to appeal has examined to the extent as to whether an arguable case is made out to grant leave and admit the appeal.