MEHULKUMAR VISHNUPRASAD JOSHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is filed under Sec. 378 of the Code of Criminal Procedure, 1973 ('the Cr.P.C. referred hereinafter) challenging the judgment and order of the acquittal passed by the learned 2nd Additional Chief Judicial Magistrate, Himmatnagar at Sabarkantha in Criminal Case No.6123 of 2013 below Exhibit 117 dtd. 24/8/2023, whereby the respondent accused was acquitted from the charges under Sec. 138 of the N.I.Act.

(2.) Brief facts of the present case in a capsulized form are as follow:

(3.) Heard learned advocate Mr.Mahendra Vora for the appellant and as this matter is decided on merits at admission stage, after perusing the record and proceedings, without issuing the notice to the respondent, respondent was not heard.