JUDGMENT :

V.M. Pancholi, J.

1. Rule. Learned Additional Public Prosecutor waives service of notice of Rule for respondent No. 2 State and learned advocate Mr. Mahesh Pujara waives service of notice of Rule for respondent No. 1. Learned advocate Mr. Pujara is permitted to file vakalatnama in the Registry.

2. This application is filed under Section 482 of the Code of Criminal Procedure, 1973 ("the Code" for short) wherein the applicant has prayed that the judgment and order of conviction dated 9.7.2019 passed by learned 11th Additional Chief Judicial Magistrate, Surat in Criminal Case No. 68474 of 2016 and the order dated 7.9.2021 passed in Criminal Appeal No. 330 of 2019 by the learned 13th Additional Sessions Judge, Surat and all the other consequential proceedings arising out of the said judgment be quashed and set aside.

3. Heard learned advocate Mr. Shakeel Qureshi for the applicant, learned Additional Public Prosecutor Mr. L.B. Dabhi for respondent No. 2 State and learned advocate Mr. Mahesh Purajar for respondent No. 1.

4. Learned advocate for the applicant has submitted that respondent No. 1 herein has filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 ("