KOTECHA TRADING COMPANY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an application seeking condonation f delay of 2259 days in filing the criminal appeal challenging the judgment and order of acquittal dated 18.4.2011 passed by the learned Judicial Magistrate (First Class), Amreli in Criminal Case No.1085 of 1999.

(2.) According to learned advocate Mr. Mrudul Barot for the applicant, the delay is merely of 2550 days. Application of grant of leave to appeal challenging the judgment and order of acquittal dated 18.4.2011 qua the original accused No.3 passed by learned Judicial Magistrate First Class , Amreli in Criminal Case No.1085 of 1999.

(3.) This Court has heard learned advocate Mr. Mrudul Barot for the applicant original complainant and learned Additional Public Prosecutor Mr. Raval for the respondent No.1 State, who has fervently urged this Court that mistakenly the matter was preferred before the Sessions Court, which had for want of jurisdiction not entertained the same. In fact, it is a well settled law that the appeal of acquittal in case instituted upon a complaint, shall lie to the High Court, which cam grant special leave and not to the Sessions Court.