NISHA M. THAKORE
Jay Narayan Ruwala – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. Since all these application seeking leave to appeal, filed under Section 378(4) of the Code of Criminal Procedure, raises common question of law in similar set of facts, the same were finally heard together and were reserved for orders and are disposed of by this common judgment and order.
Criminal Miscellaneous Application No.14266 of 2022
2. This application is filed by applicant- original complainant under Section 378(4) of the Code of Criminal Procedure, whereby, he intends to challenge the judgment and order dated 22.1.2022 passed by the learned 11th Additional Sessions Judge, Surat in Criminal Appeal No.168 of 2021. By the said judgment and order, the learned Additional Sessions Judge has allowed the appeal and has quashed and set aside the judgment and order dated 09.11.2020 passed by the learned 4th Additional Judicial Magistrate, Surat in Criminal Case No.2102 of 2011. The learned Additional Sessions Judge has acquitted the present respondent – original appellant –accused of the offence alleged under Section 138 of the Negotiable Instruments Act. The First Appellate Court has further directed to refund fine amount, if any, deposited by the original appellant and
Hiten P Dala vs. Bratindranath Banerjee reported in (2001) 6 SCC 16
Bir Singh vs. Mukesh Kumar reported in (2019) 4 SCC 197
Rohitbhai Jivanlal Patel Vs. State of Gujarat reported in AIR 2019 SC 1876
Rangappa vs. Sri Mohan reported in AIR 2010 SC 1898
Bharat Barrel & Drum Manufacturing Company vs. Amin Chand Pyarelal reported in (1999) 3 SCC 35
Shree Dhaneshwari Traders vs. Sanjay Jain reported in AIR 2019 SC 4003
Krishna Janardhan Bhat vs. Dattatraya G Hegde reported in (2008) 4 SCC 54
Kali Ram vs. State of Himachal Pradesh reported in (1973) 2 SCC 808
Tedhi Singh versus Narayan Dass Mahant reported in (2022) 6 SCC 735
Rohitbhai Jivanlal Patel vs. State of Gujarat and Anr.; reported in (2019) 18 SCC 106
Basalingappa versus Mudibasappa reported in (2019) 5 SCC 418
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