JUDGMENT :

Order in R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 10567 of 2023

As this Court deems it fit to decide the case on merits, the formal leave seeking leave to prefer an appeal is granted.

Application seeking leave to prefer an appeal stands disposed of.

Order in R/CRIMINAL APPEAL NO. 1397 of 2023

1. Though ‘Rule’ is served as per Report filed by the Registry on 18.12.2023, no one has appeared either through an advocate or through the person.

2. This appeal is filed challenging the judgment and order of acquittal passed by learned 3rd Additional Judicial Magistrate First Class, Palanpur dated 30th November, 2022 in Criminal Case No.4488 of 2018.

3. It is the case of the complainant that complainant is doing the business in the name and style of Sarvottam Petroleum and selling the diesel and petrol under the agency of Indian Oil Corporation. The Respondent-accused is the contractor and doing the business of transport of Banas Dairy. As for refilling of the milk and for transporting the same, tankers were used and diesel was filled up on credit basis from the petrol pump of the complainant. There was a due of Rs.1,92,695/- as on 10th March, 2018. For payment of the afores