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2024 Supreme(Guj) 25

M. K. THAKKER
PRAMODKUMAR CHHOTALAL VYAS – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
Advocate Appeared:
For the Appellant : V.A. MANSURI.
For the Respondent: MONALI H. BHATT.

JUDGMENT :

M.K. THAKKER, J.

1. This is an appeal filed by the appellant-original complainant under Section 378 of the Criminal Procedure Code challenging the judgment and order dated 23.08.2023 passed by the learned 5th Additional Chief Judicial Magistrate, Gandhinagar in Criminal Case No. 4603 of 2021, whereby, the learned trial Court has acquitted the respondent no. 2-accused from the charges levelled against her under Section 138 and 142 of the Negotiable Instrument Act.

2. It is the case of the complainant that the complainant is staying with the family consisting of wife and a younger son viz. Nrupesh at the address given in the complaint. The accused is the daughter of brother-in-law and doing the business of Astrology and Reiki. The marriage of the accused was solemnized with one Suraj Kumar Shah, who died in the month of April, 2018. It is alleged in the complaint that the husband of the accused was doing the business of money lending. The accused used to visit the house of the complainant and in the year 2015, the accused had demanded an amount of Rs. 1,00,000/- from the complainant for renovation of the house and the complainant had lended the amount of Rs. 1,00,000/- to the

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