HITENDRABHAI DINUPRASAD JOSHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. Vaibhav Sheth, learned advocate on record for the applicant-original complainant.

(2.) Rule returnable forthwith. Learned APP waives service of notice of rule for and on behalf of respondent-State.

(3.) This is an application seeking leave to appeal filed by the applicant-original complainant under Sec. 378(4) of Cr.P.C., 1973, challenging the judgment and order of acquittal dtd. 16/9/2022 passed by the learned 3rd Additional Judicial Magistrate First Class, Modasa, Aravalli in Criminal Case No.47 of 2016. By the said judgment and order, the learned Magistrate has recorded the order of acquittal of the respondent No.2 for the offence punishable under Sec. 138 of the N.I. Act.