MAHENDRA BALKRISHNA VYAS 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 "Code") seeking leave to file an appeal against the judgment and order dtd. 29/5/2024 passed by the learned Additional Chief Judicial Magistrate, Godhra (hereinafter referred to as 'the learned Trial Court') in Criminal Case No. 96 of 2021, whereby the original accused - respondent No.2 herein came to be acquitted from the charge levelled against him under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the N.I.Act").

(2.) The brief facts culled out from the memo of the present application are as under:

(3.) Being aggrieved and dissatisfied with the impugned order, the applicant has preferred the present application seeking leave to appeal mainly stating that the applicant has filed his evidence and the matter was pending for the report from the FSL but, the learned Trial Court, without considering the evidence, has passed the order of dismissal, which is perverse and bad in law. That the leave to appeal is required to be granted.