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Judgment
R.P.Dholaria, J
This is an application preferred by the applicant under Section 378(4) of the Code of Criminal Procedure, 1973 for leave to appeal against the judgment and order of acquittal dated 09.08.2019 passed in Criminal Case No.7650 of 2016 by learned 28th Additional Chief Judicial Magistrate, Vadodara.
Mr. Pravin Gondaliya, learned advocate for the applicant submits that in fact, the real transaction was between the applicant-original complainant and respondent no.2-original accused and the accused took up the defense that the cheque in question was handed over to Mr. C.M. Goyal for due discharge of legal liability, but, Mr. C.M. Goyal on oath stated that there was no transaction between them, though, the learned trial Court wrongfully recorded the finding against the deposition of the very witness Mr. C.M. Goyal and wrongfully acquitted the respondent no.2-original accused.
Rule. Ms. Chetna M. Shah, learned APP waives service of rule for the respondent-State.
Heard learned advocate for the applicant and learned APP for the respondent-State.
Considering the averments made in the application supported by affidavit as well as arguments advanced by learned advocate for the applicant, it appears that leave to appeal deserves to be granted. Accordingly, this application is allowed in terms of Para-9(B). Rule is made absolute.