JAY NARAYAN RUWALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Since all these application seeking leave to appeal, filed under Sec. 378(4) of the Code of Criminal Procedure, raises common question of law in similar set of facts, the same were finally heard together and were reserved for orders and are disposed of by this common judgment and order. Criminal Miscellaneous Application No. 14266 of 2022

(2.) This application is filed by applicant- original complainant under Sec. 378(4) of the Code of Criminal Procedure, whereby, he intends to challenge the judgment and order dtd. 22/1/2022 passed by the learned 11th Additional Sessions Judge, Surat in Criminal Appeal No.168 of 2021. By the said judgment and order, the learned Additional Sessions Judge has allowed the appeal and has quashed and set aside the judgment and order dtd. 9/11/2020 passed by the learned 4th Additional Judicial Magistrate, Surat in Criminal Case No.2102 of 2011. The learned Additional Sessions Judge has acquitted the present respondent - original appellant -accused of the offence alleged under Sec. 138 of the Negotiable Instruments Act. The First Appellate Court has further directed to refund fine amount, if any, deposited by the original appellant and has further directed the appellant to comply with the provisions contained in Sec. 437 A of the Code.

(3.) The brief facts as narrated by the original complainant are reproduced as under: