CR.A/2005/2012

Judgment text excerpt

NEUTRAL CITATION R/CR.A/2005/2012 JUDGMENT DATED: 09/06/2026 2026:GUJHC:34241 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL NO. 2005 of 2012 FOR APPROVAL AND SIGNATURE: HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Sd/- ========================================================== Approved for Reporting Yes No No ========================================================== PRAJAPATI NATUBHAI AMTHARAM Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR C B UPADHYAYA(3508) for the Appellant(s) No. 1 MR SHIVANG M SHAH(5916) for the Opponent(s)/Respondent(s) No. 2 MS JYOTI BHATT ADDITIONAL PUBLIC PROSECUTOR for the Opponent(s)/Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Date : 09/06/2026 ORAL JUDGMENT 1. The present appeal is filed by the appellant – original complainant under Section 378(4) of the Criminal Procedure Code, 1973 (hereinafter referred to as ‘the Code’ for short) against the judgment and order dated 01.10.2012 passed by the learned Additional Chief Judicial Magistrate, Mehsana (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’ Page 1 of 6 Uploaded by () on Downloaded on : Tue Jun 30 22:58:18 IST 2026 NEUTRAL CITATION R/CR.A/2005/2012 JUDGMENT DATED: 09/06/2026 2026:GUJHC:34241 for short). 2. Heard learned counsel appearing for the respective parties. 3. Ms.Bhatt, learned Additional Public Prosecutor for respondent No.1 – State of Gujarat and Mr. Shah, learned counsel for the respondent No.2 have submitted that this matter is required to