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2025 Supreme(GUJ) 268

HIGH COURT OF GUJARAT
SVP
AKSHAY MOHITBHAI SHAH – Appellant
Versus
STATE OF GUJARAT – Respondent


Petitioner Advocates:MR SACHIN D VASAVADA(3342) ,Respondent Advocate: PUBLIC PROSECUTOR(2)

ORDER :

(S.V. PINTO, J.)

1. The present application is filed by the applicant - original complainant under Section 419(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking leave to appeal against the order dated 30.09.2024 passed by the learned 29th Additional Chief Judicial Magistrate, Ahmedabad acquitting the respondent No. 2 - accused in Criminal Case No. 30344 of 2017 filed by the applicant for the offence under Section 138 of the Negotiable Instrument Act, 1881.

1.1 The respondent is hereinafter referred to as “ the accused” as he stood in the original case for the sake of convenience, clarity and brevity. 2. The brief facts culled out from the memo of the present appeal as well as the record and proceedings are as under:-

2.1 The applicant had given an amount Rs.1,14,00,000/- to the respondent No. 2 towards which, forty two cheques of the amounts of Rs.2,00,000/- and Rs.4,00,000/- were issued by the respondent No. 2 from her account with Corporation Bank, Shahibaug Cross Roads Branch, Ahmedabad. The respondent No. 2 and the applicant had also entered into agreement to sale for four flats of Raj Labdhi Heritage being Flat Nos. E/104, E/204, E/203 and E/201 situated at Gandhi

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