CR.A/2325/2009

Judgment text excerpt

NEUTRAL CITATION R/CR.A/2325/2009 JUDGMENT DATED: 10/06/2026 2026:GUJHC:34406 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL NO. 2325 of 2009 FOR APPROVAL AND SIGNATURE: HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK ========================================================== Approved for Reporting Yes No ========================================================== SHANTILAL K PATEL Versus NILESHKUMAR B KANTHARIA & ANR. ========================================================== Appearance: MS. SHAILI A KAPADIA(3453) for the Appellant(s) No. 1 MS JIRGA JHAVERI ADDITIONAL PUBLIC PROSECUTOR for the Opponent(s)/Respondent(s) No. 2 RULE UNSERVED for the Opponent(s)/Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Date : 10/06/2026 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 13.03.2009 passed by the learned 6 th Additional Senior Judicial Magistrate, First Class, Bharuch (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 22:39:49 IST 2026 NEUTRAL CITATION R/CR.A/2325/2009 JUDGMENT DATED: 10/06/2026 2026:GUJHC:34406 short). 2. Heard learned counsel appearing for the respective parties. 3. Learned Additional Public Prosecutor for respondent – State of Gujarat and l