CR.A/794/2021

Judgment text excerpt

NEUTRAL CITATION R/CR.A/794/2021 JUDGMENT DATED: 11/06/2026 2026:GUJHC:34879 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL (AGAINST ACQUITTAL) NO. 794 of 2021 FOR APPROVAL AND SIGNATURE: HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK ================================================================ Approved for Reporting Yes No ================================================================ HDFC BANK LIMITED THROUGH SAGAR KOTECHA Versus YASHRAJ MARKETING THROUGH PROPRIETOR BORROWER & ORS. ================================================================ Appearance: MR VIVEK B GUPTA(5611) for the Appellant(s) No. 1 MR YOGESHKUMAR A RATANPARA(7260) for the Opponent(s)/Respondent(s) No. 1 MS JYOTI BHATT, ADDL. PUBLIC PROSECUTOR for the Opponent(s)/Respondent(s) No. 3 RULE SERVED for the Opponent(s)/Respondent(s) No. 2 ================================================================ CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Date : 11/06/2026 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 12.02.2020 passed by the learned 2nd Additional Chief Judicial Magistrate, Rajkot (hereinafter be referred to as “the Trial Court), whereby the learned trial Court had acquitted the respondents - 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 21:54:21 IST 2026 NEUTRAL CITATION R/CR.A/794/2021 JUDGMENT DATED: 11/06/2026 2026:GUJHC:34879 (hereinafter referred to as the ‘NI Act’ for short). 2. Heard lea