VIJAYBHAI BHIKHABHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. Pravez Pathan, learned advocate for the applicant - original complainant. Rule returnable forthwith. Learned Additional Public Prosecutor waives service of Rule on behalf of respondent State.

(2.) This is an application seeking leave to challenged the judgment and order dtd. 16/12/2022 passed by the learned 4 th Additional Chief Judicial Magistrate, Bharuch in Criminal Case No.3471 of 2018. By the said judgment and order, the learned trial Court has recorded order of acquittal of respondent no.2 for the offences punishable under Sec. 138 of the Negotiable Instruments Act.

(3.) Mr. Pathan, learned advocate for the applicant has invited attention of this Court to the reasons recorded by the trial Court. He has further invited attention of this Court to the document in the nature of agreement executed between the parties acknowledging the fact that receipt of loan amount of Rs.1,50,000.00 in cash by the original accused, which is brought on record vide Exh.10. Mr. Pathan, learned advocate has submitted that the learned trial Court has unnecessary given weightage to the admission of the complainant about the typographical error, if any, with regard to the date of issuance of stamp paper of such agreement and the document being executed before the Notary. He has also invited attention of this Court to Exh.20 which was a pursis submitted by the parties wherein the respondent no.2 - original accused had at once stage of the proceedings sought adjournment by agreeing for payment of disputed amount in installment every month. He, therefore, submitted that the trial Court ought to have accepted the case of the complainant with regard to the financial transaction which has taken place between the parties. He, therefore, urge this Court to grant leave to appeal.