SHAITUL SHAILESHBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed by the applicant - original complainant under Sec. 419(4) Bharatiya Nagarik Suraksha Sanhita 2023, seeking leave to appeal against the judgement and order dtd. 12/8/2024 passed by the learned 10th Additional Session Judge, Surat in Criminal Appeal No. 479 of 2022, whereby, the Sessions Court was pleased to reverse the conviction of the respondent no. 2 - original accused for the offence punishable under Sec. 138 of the Negotiable Instrument Act, 1881 (hereinafter referred to "the Act" for short) recorded by the learned 16 th Additional Chief Judicial Magistrate, Surat (hereinafter referred to as the "learned Trial Court") by a judgement and order dtd. 24/8/2022 in Criminal Case No. 17177 of 2018.

(2.) The brief facts culled from the memo of the application as well the judgement and order are as under:

(3.) Being aggrieved and dissatisfied with the judgement and order of conviction, the accused filed Criminal Appeal No. 479 of 2022 before the Sessions Court, Surat and after hearing the learned advocates for both the parties, the learned 10th Additional Session Judge, Surat was pleased to allow the appeal and set aside the judgement and order of conviction passed by the learned 16 th Additional Chief Judicial Magistrate, Surat in Criminal Case No. 17177 of 2018 and acquit accused from the offence under Sec. 138 of the NI Act.