CR.A/1264/2012

Judgment text excerpt

NEUTRAL CITATION R/CR.A/1264/2012 JUDGMENT DATED: 25/06/2026 2026:GUJHC:39206 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL NO. 1264 of 2012 FOR APPROVAL AND SIGNATURE: HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK ========================================================== Approved for Reporting Yes No ========================================================== SHRI HARI FINANCE'S - PROP. RATHVI JANABHAI LALJIBHAI Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR KIRTIDEV R DAVE(3267) for the Appellant(s) No. 1 MS JYOTI BHATT ADDITIONAL PUBLIC PROSECUTOR 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 : 25/06/2026 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 17.09.2011 passed by the learned 3 rd Additional Senior Civil Judge and Additional Chief Judicial Magistrate, Surendranagar (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 Page 1 of 6 Uploaded by () on Downloaded on : Tue Jun 30 22:53:05 IST 2026 NEUTRAL CITATION R/CR.A/1264/2012 JUDGMENT DATED: 25/06/2026 2026:GUJHC:39206 Act’ for short). 2. Heard learned counsel appearing for the respective parties. 3. Learned Additional Public Pr