PARI PANKAJKUMAR JASHUBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Since all these applications seeking special leave to appeal arise out of similar orders passed by learned Presiding Officer in different complaints filed by the present applicant-original complainant against the respondent-accused in respect of dishonour of cheque in similar set of transaction, raises common question of law, are heard together and are decided by this common order, by treating the Criminal Misc. Application No.12103 of 2023 as a lead matter and the facts are taken from it for the sake of convenience.

(2.) This application seeking special leave to appeal under Sec. 378 (4) of the Criminal Procedure Code, 1908, (for short, "the Code") has been filed at the instance of the original complainant a partnership firm through his partner, being aggrieved and dissatisfied with the judgment and order dtd. 15/4/2023 passed below Exh.63 by the learned Presiding Officer of Special Negotiable Instrument Act Court, Rajkot in Criminal Case No.1573 of 2011, acquitting the original accused- respondent herein for the offence punishable under Sec. 138 of the Negotiable Instrument Act (for short, "the Act").

(3.) In nutshell, the case of the original complainant before the trial court was: