CR.A/330/2010

Judgment text excerpt

NEUTRAL CITATION R/CR.A/330/2010 JUDGMENT DATED: 10/06/2026 2026:GUJHC:34403 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL NO. 330 of 2010 FOR APPROVAL AND SIGNATURE: HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK ========================================================== Approved for Reporting Yes No ========================================================== MURTUJA ALI A MIRZA Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR HM PARIKH(574) for the Appellant(s) No. 1 BAILABLE WARRANT SERVED for the Opponent(s)/Respondent(s) No. 2 MR MANOJ SHRIMALI(2331) for the Opponent(s)/Respondent(s) No. 2 MR UMANG A. VAGHELA(6500) for the Opponent(s)/Respondent(s) No. 2 MS JYOTI BHATT ADDITIONAL PUBLIC PROSECUTOR 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 01.10.2007 passed by the learned Judicial Magistrate First Class, Kheda (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 Page 1 of 6 Uploaded by () on Downloaded on : Tue Jun 30 23:06:01 IST 2026 NEUTRAL CITATION R/CR.A/330/2010 JUDGMENT DATED: 10/06/2026 2026:GUJHC:34403 (hereinafter referred to as the ‘NI Act’ for short). 2. Heard learned counsel appearing for the resp