CR.A/291/2023

Judgment text excerpt

NEUTRAL CITATION R/CR.A/291/2023 JUDGMENT DATED: 15/06/2026 2026:GUJHC:35671 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL (AGAINST ACQUITTAL) NO. 291 of 2023 FOR APPROVAL AND SIGNATURE: HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK ========================================================== Approved for Reporting Yes No ========================================================== KIRITBHAI RAMESHBHAI TRIVEDI Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR K S CHANDRANI(6674) for the Appellant(s) No. 1 BAILABLE WARRANT SERVED for the Opponent(s)/Respondent(s) No. 2 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 : 15/06/2026 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 09.12.2022 passed by the learned Judicial Magistrate First Class, Okhamandal, Dwarka (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 short). Page 1 of 6 Uploaded by ANUSRI VASU(HC02352) on Tue Jun 16 2026 Downloaded on : Tue Jun 30 20:58:35 IST 2026 NEUTRAL CITATION R/CR.A/291/2023 JUDGMENT DATED: 15/06/2026 2026:GUJHC:35671 2. Heard learned counsel appearing for the r