DHARMENDRA AMARSINGH HANJRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed by the applicant - original complainant under Sec. 419(4) of the Bharatiya Nagrik Suraksha Sanhita, 2023 (for short "BNSS") seeking leave to file an appeal against the judgment and order dtd. 18/12/2024 passed by the learned Judicial Magistrate First Class Court No.3, Surat in Criminal Case No. 18838 of 2020, 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 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 interpreted the evidence and has misread the evidence and the impugned judgment is perverse, erroneous and contrary to law.