CR.A/124/2022

Judgment text excerpt

NEUTRAL CITATION R/CR.A/124/2022 JUDGMENT DATED: 23/06/2026 2026:GUJHC:37877 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL (AGAINST ACQUITTAL) NO. 124 of 2022 FOR APPROVAL AND SIGNATURE: HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK ========================================== Approved for Reporting Yes No ✔ ========================================== KAMLESH BABUBHAI PATEL Versus STATE OF GUJARAT & ORS. ========================================== Appearance: MR VICKY B MEHTA(5422) for the Appellant(s) No. 1 MR RAKESH SHARMA FOR MR KARTIK V PANDYA(2435) for the Opponent(s)/Respondent(s) No. 2 MS JIRGA JHAVERI APP for the Opponent(s)/Respondent(s) No. 1 RULE SERVED for the Opponent(s)/Respondent(s) No. 3 ========================================== CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Date : 23/06/2026 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) / under Section 419 of the Bharatiya Nagrik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’ for short) against the judgment and order dated 17.03.2021 passed by the learned Judicial Magistrate First Class, Kalol, Gandhinagar (hereinafter be referred to as “the Trial Court), whereby Page 1 of 6 Uploaded by () on Downloaded on : Tue Jun 30 21:27:49 IST 2026 NEUTRAL CITATION R/CR.A/124/2022 JUDGMENT DATED: 23/06/2026 2026:GUJHC:37877 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 short). 2. Heard learned counsel appearing for the respective parties. 3. Learned Additional Public Prosecutor for respondent – State of Gujarat and le