CR.A/368/2009

Judgment text excerpt

NEUTRAL CITATION R/CR.A/368/2009 JUDGMENT DATED: 17/06/2026 2026:GUJHC:36260 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL NO. 368 of 2009 FOR APPROVAL AND SIGNATURE: HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK ========================================================== Approved for Reporting Yes No ========================================================== PANKAJBHAI RAMNIKLAL AJMERA Versus ARIFBHAI MAHMADBHAI MAKWANA & ANR. ========================================================== Appearance: MR SP KOTIA(5687) for the Appellant(s) No. 1 BHAVIN B THAKAR(9371) for the Opponent(s)/Respondent(s) No. 1 MS JYOTI BHATT ADDITIONAL PUBLIC PROSECUTOR for the Opponent(s)/Respondent(s) No. 2 ========================================================== CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Date : 17/06/2026 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 17.12.2008 passed by the learned Senior Civil Judge and Judicial Magistrate First Class, Bhavnagar (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 Page 1 of 6 Uploaded by () on Downloaded on : Tue Jun 30 22:32:19 IST 2026 NEUTRAL CITATION R/CR.A/368/2009 JUDGMENT DATED: 17/06/2026 2026:GUJHC:36260 short). 2. Heard learned counsel appearing for the respective parties. 3. Learned Additional Public Prosecutor for respondent – State of Gujar