ASHIQBHAI UMARBHAI JUNEJA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an application under section 378 (4) of the Code of Criminal Procedure, 1973 seeking special leave to prefer an appeal under section 372 of the Code of Criminal Procedure, 1973 against the judgment and order dated 30.05.2018 passed by the learned 5th Additional Chief Judicial Magistrate, Rajkot in Criminal Case No. 8706 of 2010.

(2.) Aggrieved by the judgment and order of the acquittal, the applicant - original complainant is before this court. He is in the business of commission agent of scrap for the respondents - accused which is a family partnership firm and some of the respondents are also the partners of the said firm. On the ground of non-service of the statutory notice and also on the ground of partnership firm having not been impleaded as party respondent, the court has acquitted the respondents.

(3.) This court had issued Notice to the respondents, who are though served, chosen not to appear before this Court.