NAVIN VITTHALRAO PAWAR Vs. YOGESH SHANKERLAL BADGURJAR

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. 3/5/2023 passed by the learned Additional Chief Metropolitan Magistrate, Negotiable Instrument Act Court No. 34, Ahmedabad in Criminal Case No. 3201247 of 2012, whereby the original accused - respondent no. 1 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"). 1.1 The respondent no. 1 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.