CR.A/1033/2021

Judgment text excerpt

NEUTRAL CITATION R/CR.A/1033/2021 JUDGMENT DATED: 16/06/2026 2026:GUJHC:35646 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL (AGAINST ACQUITTAL) NO. 1033 of 2021 FOR APPROVAL AND SIGNATURE: HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK ========================================== Approved for Reporting Yes No ✔ ========================================== BHAGWANBHAI REVABHAI MUNDHWA Versus STATE OF GUJARAT & ANR. ========================================== Appearance: MR PRAVIN GONDALIYA(1974) for the Appellant(s) No. 1 MS JYOTI BHATT APP for the Opponent(s)/Respondent(s) No. 1 RULE SERVED for the Opponent(s)/Respondent(s) No. 2 ========================================== CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Date : 16/06/2026 ORAL JUDGMENT 1. The present appeal is filed by the appellant – original complainant under Section 378 of the Criminal Procedure Code, 1973 (hereinafter referred to as ‘the Code’ for short) against the judgment and order dated 20.03.2021 passed by the learned Judicial Magistrate First Class, Jasdan (hereinafter be referred to as “the Trial Court), whereby the learned trial Court had acquitted the respondent - accused for the offence under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the ‘NI Act’ for Page 1 of 6 Uploaded by () on Downloaded on : Tue Jun 30 22:19:55 IST 2026 NEUTRAL CITATION R/CR.A/1033/2021 JUDGMENT DATED: 16/06/2026 2026:GUJHC:35646 short). 2. Heard learned counsel appearing for the respective parties. 3. Learned Additional Public Prosecutor for respondent – State of Gujarat and learned counsel for the respondent - accused have submitted that this matter is required to be transferred in view of the recent decision of the Hon’ble Supreme Court in the case of Celestium Financial V