KALPESHBHAI RAMBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present application is filed by the applicant - original complainant under Sec. 378(4) of the Criminal Procedure Code seeking leave to appeal against the impugned judgment and order dtd. 3/1/2024 passed by the learned 14 th Additional Sessions Judge, District: Surat (hereinafter be referred to as "the first Appellate Court") in Criminal Appeal No. 216 of 2022 whereby the learned Additional Sessions Judge has allowed appeal filed by the accused and reversed the judgment and order dtd. 5/4/2022 passed by the learned 9 th Additional Chief Judicial Magistrate, Surat (hereinafter be referred to as "the trial Court") in Criminal Case No. 2992 of 2019 whereby the learned Magistrate allowed the complaint filed by the complainant and convicted the accused and ordered to undergo one year simple imprisonment and to pay cheque amount and in default of payment to undergo further three months simple imprisonment.

(2.) Being aggrieved and dissatisfied by the impugned judgment and order of acquittal passed by the first Appellate Court, the present application for leave to appeal is filed by the applicant along with the criminal appeal.

(3.) Heard Mr.Radhesh Vyas, learned counsel appearing for the applicant at length.