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2022 Supreme(Guj) 698

SONIA GOKANI
Dashrathbhai Trikambhai Patel – Appellant
Versus
Hitesh Mahendrabhai Patel – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MAULIK H VAGHELA
For the Respondent: MR JS UNWALLA with MS NIRALI SARDA with MS TEJAL A VASHI, MS MAITHILI MEHTA, Adv

JUDGMENT :

1. Appellant, who is before this Court, is the original complainant of Criminal Case No.4023 of 2014 before the Court of learned Chief Judicial Magistrate in CBI Court No.2, Ahmedabad (Rural), whereby respondent no.1 was sought to be prosecuted for the offence punishable under Sections 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as “the N.I. Act” for short).

2. The appellant challenges the legality, validity and propriety of the judgment and order passed in the said Criminal Case dated 30.08.2016 by the trial Court, whereby the Court acquitted respondent no.1 accused for the offence punishable under Section 138 of the N.I.Act.

3. The facts in capsulized form are as follows:-

3.1. The respondent is the father-in-law of elder son of the complainant - appellant, who resided in the very village. They shared very good terms and enjoyed a cordial relationship. The respondent is having business of a contractor and was in need of money. Hence, he contacted the complainant appellant. He requested to arrange for cash of Rs. 20 lakhs and as the complainant

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