CR.A/2922/2008

Judgment text excerpt

NEUTRAL CITATION R/CR.A/2922/2008 JUDGMENT DATED: 10/06/2026 2026:GUJHC:36206 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL NO. 2922 of 2008 FOR APPROVAL AND SIGNATURE: HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK ========================================================== Approved for Reporting Yes No ========================================================== M.HABIB ISHAQBHAI BANGA Versus KULDIPSINGH JARVELSINGH SAINE & ANR. ========================================================== Appearance: MR RUSHABH R SHAH(5314) for the Appellant(s) No. 1 MR HARSHAD K PATEL(2844) for the Opponent(s)/Respondent(s) No. 1 MS JIRGA JHAVERI ADDITIONAL PUBLIC PROSECUTOR for the Opponent(s)/Respondent(s) No. 2 ========================================================== 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(1)(3) of the Criminal Procedure Code, 1973 challenging the impugned judgment and order passed by the Additional Sessions Judge, 4th Fast Track Court, Modasa (hereinafter referred to as “the appellate Court”) in Criminal Appeal no. 34 of 2006 whereby, the appellate Court has acquitted the respondent – accused. 2. Short facts of the prosecution case are that the appellant- original complainant had sold one truck to the respondent - Page 1 of 12 Uploaded by () on Downloaded on : Tue Jun 30 22:45:21 IST 2026 NEUTRAL CITATION R/CR.A/2922/2008 JUDGMENT DATED: 10/06/2026 2026:GUJHC:36206 accused. That, the complainant had obtained loan of Rs.3,00,000/- from Modasa Road Transport Corporation and as per the agreement, the said amount and interest were to be paid by the accused herein. That, the complainant-appellant herein had already given possession of t