(1.) Heard Mr. Monal S. Chaglani, learned advocate on record for the applicant-original complainant, Mr. Nirav C. Sanghavi, learned advocate on record for the respondent No.1 and Ms. Vrunda C. Shah, learned APP appearing for respondent-State.
(2.) Rule returnable forthwith. Learned advocate Mr. Nirav C. Sanghavi waives service of notice of rule for and on behalf of respondent No.1 and learned APP Ms. Vrunda C. Shah waives service of notice of rule for and on behalf of respondent-State.
(3.) This is an application seeking leave to appeal filed under Sec. 378(4) of Criminal Procedure Code, 1973, seeking permission of this Court to challenge the judgment and order of acquittal dtd. 10/4/2019 passed by learned Chief Judicial Magistrate, Junagadh in Criminal Case No.307 of 2017. By the said judgment and order, the learned Magistrate has recorded acquittal of respondent No.1 for the offence punishable under Sec. 138 of the N.I. Act.