PRABHUDAS MOHANLAL BHIMANI Vs. INFINITIVE PHARM. INDUSTRIES

JUDGEMENT

(1.) By filing this application under Section 378 (4) of Criminal Procedure Code 1973, the applicant original complainant has prayed for leave to appeal against the judgment and order of acquittal passed by learned Metropolitan Magistrate Court No. 2, Ahmedabad dated 6th March 2007 in criminal case No. 833 of 1999.

(2.) The opponent No. 1 was prosecuted for the offence punishable under Section 138 of Negotiable Instruments Act. The trial court after recording of the evidence and hearing, the learned advocates for the parties, came to the conclusion that the prosecution has failed to prove the offence charged against the opponent No. 1 and therefore acquitted him for the offence punishable under Section 138 of Negotiable Instruments Act. Being aggrieved by the said decision the original complainant has preferred this application under section 378 subsection (4) of Criminal Procedure Code, 1973 for leave to appeal.

(3.) I have heard learned advocate Ms Parikh for applicant at length and in great detail.