B.M.MANVAWALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed by the applicant - original complainant under Sec. 378(4) of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") seeking leave to file an appeal against the judgment and order dtd. 23/8/2022 passed by the learned 2nd Additional Senior Civil Judge and Additional Chief Judicial Magistrate, Surat in Criminal Case No. 52519 of 2018, whereby the respondent No 2 original accused came to be acquitted from the charge levelled against him under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the NI Act"). The respondent No 2 is hereinafter referred to as "the accused" as he stood in the original case for the sake of convenience, clarity and brevity.

(2.) The brief facts culled out from the memo of the present application as well as the impugned judgment and order and paper book filed by the applicant are as under:

(3.) Being aggrieved and dissatisfied with the same, the applicant has preferred the present application seeking leave to appeal mainly stating that the learned Trial Court has not properly considered and interpreted evidence on record and presumption of Ss. 118 and 139 of the Act.