ASHOK C BAROT Vs. SATATE OF GUJARAT

JUDGEMENT

(1.) THE appellant original complainant has preferred this appeal under section 378 of the Code of Criminal Procedure, 1973 [herein after referred to as the 'Code' for the sake of brevity] challenging the order of acquittal dated 12/10/1999 passed by learned Metropolitan Magistrate, Ahmedabad in Criminal Case No. 838 of 1997, acquitting the present respondent no.2 / original accused of the charge of committing offence punishable under section 138 of the Negotiable Instrument Act (herein after referred to as the "N.I. Act"). This Court [Coram: C.K. Buch, J] vide order dated 19/2/2002 admitted the appeal, noting that the leave was already granted on earlier occasion. This matter has been taken up for hearing today.

(2.) THE facts in brief leading to filing of this appeal deserve to be set out as under: -

(3.) THE trial court after detailed discussions of the evidence on record has come to the conclusion that the complainant could not prove that the cheque was issued against any existing legal liability by the accused and therefore acquitted him vide its order dated 12/10/1999 which is impugned in this acquittal appeal.