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2022 Supreme(Guj) 40

V.M.PANCHOLI
Hemant Ashok Kumar Gupta – Appellant
Versus
State of Gujarat – Respondent


Advocate Appeared:
For the Appellant :Akshay V. Matani, Advocate
For the Respondent:L.B. Dabhi, APP and Shabnam A. Alvi, Advocates

JUDGMENT :

V.M. PANCHOLI, J.

1. Draft Amendment is allowed. Necessary amendment be carried out, forthwith.

2. Rule. Learned APP Mr. L.B. Dabhi waives service of notice of Rule for respondent No. 1 State and learned advocate Ms. Shabnam Alvi waives service of notice of Rule for respondent No. 2.

3. This application is filed under Section 482 of the Code of Criminal Procedure, 1973 ("the Code" for short) for quashing and setting aside the judgment and order of conviction dated 18.02.2021 passed by learned 6th Additional Chief Judicial Magistrate, Gandhinagar, in Criminal Case No. 1419 of 2019.

4. Heard learned advocate Mr. Akshay V. Matani for the applicant, learned advocate Ms. Shabnam Alvi for respondent No. 2 - complainant and learned Additional Public Prosecutor Mr. L.B. Dabhi for respondent No. 1 - State.

5. Learned advocate for the applicant submitted that the complaint under Section 138 of the Negotiable Instruments Act, 1881 ("N.I. Act" for short) had been filed by respondent No. 2 - complainant against the present applicant. It is further submitted that after conclusion of the trial, the concerned trial Court vide the impugned judgment and order dated 18.02.2021 convicted the pres

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