LAWS(GJH)-2025-2-177

PRAKASH PANDURANG SHINDE Vs. STATE OF GUJARAT

Decided On February 27, 2025
Prakash Pandurang Shinde Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) The present application is filed by the applicants - legal heirs of the 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. 6/10/2021 passed by the learned 24th Additional Chief Judicial Magistrate, Surat (hereinafter referred to as the "learned Trial Court") in Criminal Case No. 9016 of 2017, whereby the respondent No. 2 - original accused came to be acquitted from the offence under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the NI Act").

(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 applicants - legal heirs of the original complainant have preferred the present application seeking leave to appeal mainly stating that the learned Trial Court has not properly interpreted the evidence and has misread the evidence and the impugned judgment is perverse, erroneous and contrary to law.