CR.A/291/2020

Judgment text excerpt

NEUTRAL CITATION R/CR.A/291/2020 JUDGMENT DATED: 16/06/2026 2026:GUJHC:35644 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL (AGAINST ACQUITTAL) NO. 291 of 2020 FOR APPROVAL AND SIGNATURE: HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK ========================================== Approved for Reporting Yes No ✔ ========================================== MAGANBHAI SOMABHAI MACWAN Versus SHASHIKANT C. SOLANKI & ORS. ========================================== Appearance: MR NIRAV C THAKKAR(2206) for the Appellant(s) No. 1 ABATED for the Opponent(s)/Respondent(s) No. 2 MR HRIDAY BUCH(2372) for the Opponent(s)/Respondent(s) No. 1,3 MS JYOTI BHATT APP for the Opponent(s)/Respondent(s) No. 4 ========================================== 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 30.10.2018 passed by the learned 6th Additional Chief Judicial Magistrate, Nadiad (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 Page 1 of 6 Uploaded by () on Downloaded on : Tue Jun 30 21:14:07 IST 2026 NEUTRAL CITATION R/CR.A/291/2020 JUDGMENT DATED: 16/06/2026 2026:GUJHC:35644 Instruments Act, 1881 (hereinafter referred to as the ‘NI Act’ for short). 2. Heard learned counsel appearing for the respective parties. 3. Learned counsel appearing for the respective parties 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 Vs.