CR.A/752/2010

Judgment text excerpt

NEUTRAL CITATION R/CR.A/752/2010 JUDGMENT DATED: 09/06/2026 2026:GUJHC:34974 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL NO. 752 of 2010 FOR APPROVAL AND SIGNATURE: HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Sd/- ========================================================== Approved for Reporting Yes No No ========================================================== HARISHBHAI NATVARLAL PANCHAL Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR ZUBIN F BHARDA(159) for the Appellant(s) No. 1 MS PALAK A SHASTRI(10557) for the Opponent(s)/Respondent(s) No. 2 MS JIRGA JHAVERI ADDITIONAL PUBLIC PROSECUTOR for the Opponent(s)/Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Date : 09/06/2026 ORAL JUDGMENT 1. The appellant has preferred this appeal under Section 378 of the Code of Criminal Procedure, 1973 against the judgment and order dated 2.12.2009 passed by the learned Additional Civil Judge & Judicial Magistrate First Class, Gandevi (hereinafter be referred to as “the trial Court”) in Criminal Case No. of 2 of 2006, whereby the trial Court has acquitted the original accused -respondent No.2 herein from the offence punishable under Sections 138 of the Negotiable Instruments Act, 1881 (hereinafter be referred to as “the NI Act”). 2. Short facts of the prosecution case are that the complainant and the accused were having cordial and friendly relations. As the accused was in need of financial assistance for construction purposes, the accused approached the Page 1 of 13 Uploaded by () on Downloaded on : Tue Jun 30 23:06:25 IST 2026 NEUTRAL CITATION R/CR.A/752/2010 JUDGMENT DATED: 09/06/2026 2026:GUJHC:34974 complainant and requested