PREMJIBHAI LAKHABHAI CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an application preferred by the applicant-original complainant under Section 378(4) of the Code of Criminal Procedure 1973 for leave to appeal against the judgment and order of acquittal dated 27.11.2018 passed in Criminal Case No. 8534 of 2014 by learned 5th Additional Sr. Civil Judge and Addl. Chief Judicial Magistrate, Rajkot.

(2.) Rule. Ms. M.H.Bhatt, learned APP waives service of notice of rule on behalf of the respondent -State.

(3.) By way of preferring present application accompanied with appeal, the complainant contends that Shri Jalpari Co-operative Housing Society Limited is not a company as defined under Section 141 of the Negotiable Instruments Act, 1881 and consequently therefore even though the aforesaid society is not arraigned as an accused though the complaint could have been proceeded against the chairman and secretary of the aforesaid society as they had signed the cheque in question. Raising the aforesaid sole contention, this application is tendered seeking leave to appeal against the judgment and order of acquittal.