DEVARSHIKUMAR ROHITBHAI BHARUCHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed by the applicant-original complainant seeking leave to appeal against the judgment and order dtd. 24/12/2021 passed by the learned Judicial Magistrate First Class, Dharampur in Criminal Case No. 183 of 2018. By the said judgement and order, the learned Magistrate has acquitted the present respondent no.2-original accused from the offence punishable under Sec. 138 of the N.I. Act.

(2.) The draft amendment has been moved in the main appeal where by the learned advocate for the applicant- original complainant has sought permission of this Court to incorporate prayer Clause 6 (b) as reflected in the proposed amendment. The same is hereby permitted and is treated as part of the prayer clause of main appeal.

(3.) This Court by order dtd. 7/3/2022 had issued notice upon respondent-original accused. Initially, the notice was not served for want of correct address. The fresh notice was permitted by this Court which has been duly served upon respondent no.2-original accused through concerned police station.