CR.A/3008/2008

Judgment text excerpt

NEUTRAL CITATION R/CR.A/3008/2008 JUDGMENT DATED: 10/06/2026 2026:GUJHC:34349 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL NO. 3008 of 2008 FOR APPROVAL AND SIGNATURE: HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK ========================================================== Approved for Reporting Yes No ========================================================== GAURISHANKAR PARMANAND SHAH Versus MOHANBHAI MAVJIBHAI PATEL & ANR. ========================================================== Appearance: MR AJAY L PANDAV(3660) for the Appellant(s) No. 1 DHRUVIK K PATEL(7769) 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 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 21.11.2007 passed by the learned Judicial Magistrate First Class, Court No.3, Vadodara (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 () on Downloaded on : Tue Jun 30 22:45:50 IST 2026 NEUTRAL CITATION R/CR.A/3008/2008 JUDGMENT DATED: 10/06/2026 2026:GUJHC:34349 2. Heard learned counsel appearing for the respective parties. 3. Learned Additional Public Prosecutor for respondent – State of Gujarat