NITIN VRUJLAL KAKKAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal has been filed by the appellant original complainant under Sec. 378(1)(3) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') against the judgment and the order passed by the learned 5 th Additional District Judge, Rajkot (hereinafter referred to as 'the learned Appellate Court') in Criminal Appeal No. 13 of 2011 dtd. 31/5/2011, whereby, the learned Appellate Court has quashed and set aside the judgment and order of conviction passed by the learned 11th Additional Chief Judicial Magistrate, Rajkot, (hereinafter referred to as 'the learned Trial Court) in Criminal Case No. 3744 of 2005 dtd. 17/2/2011, whereby, the learned Trial Court convicted and sentenced the respondent no.2 to undergo simple imprisonment for six months and to pay an amount of Rs.35,000.00 (Rupees Thirty Five Thousand Only) as compensation to the appellant within a period of one month and in default, simple imprisonment for 45 days for the offence punishable under Sec. 138 of the Negotiable Instruments Act (hereinafter referred to as 'the N.I.Act').

(2.) The relevant facts leading to filing of the present appeal are as under:

(3.) Being aggrieved and dissatisfied with the judgment and order of conviction passed by the learned Trial Court, the accused preferred Criminal Appeal No.13 of 2011 before the Sessions Court, Rajkot, whereby, the appeal preferred by the accused came to be allowed and the learned 5th Additional District Judge, Rajkot was pleased to quash and set aside the judgment and order of conviction dtd. 17/2/2011 passed in Criminal Case No. 3744 of 2005 by the learned 11 th Additional Chief Judicial Magistrate, Rajkot and acquit the accused from the offence.