RANJITSINH LAXMANSINH SHEKHAVAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Advocates appearing for the respective parties.

(2.) By way of this application, the applicant - the original complainant has challenged the legality and validity of the order dtd. 15/6/2023 below Exhibit 11 passed by the learned Sessions Judge, Sabarkantha at Himmatnagar in Criminal Revision Application No.6 of 2023 allowing the Revision Application and setting aside the order dtd. 13/1/2023 passed by learned 2nd Judicial Magistrate First Class, Himmatnagar below Exhibit 51 in Criminal Case No.5067 of 2018, whereby the application of the applicant for a de novo trial was allowed.

(3.) The criminal complaint against the present respondents No.2 and 3 was under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to in short as 'the N.I. Act'). It is the case of the applicant that he and the respondent No.2 had started a Partnership Firm in the name and style of "Design Community" on 20/11/2012 by executing a notarized Partnership Deed. The business got permanently closed on 12/6/2015, thereafter the accounts were settled and the formal deed for dissolution of the firm was executed on 13/6/2017.