RAJESHKUMAR VISHWASNATH TIWARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal under Sec. 378 of Cr.P.C. arises out of the judgment and order dtd. 8/7/2022 passed by learned Additional Chief Metropolitan Magistrate, N.I. Act Court No.31, Ahmedabad below Exh.1 in Criminal Case No.3214 of 2015. By the said judgment and order, the learned Magistrate has proceeded to exercise the powers conferred under Sec. 256 of the Code of Criminal Procedure by recording the absence of complainant, thus, acquitting the respondent No.2-original accused for the offence punishable under Sec. 138 of the N.I. Act.

(2.) Heard Ms. Zeel Raval, learned advocate on record for the appellant, Mr. Apurva Kapadia, learned advocate on record for the respondent No.2 and Ms. C.M. Shah, learned APP appearing for the respondent-State.

(3.) Brief facts leading the present case in nutshell are as under: