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2025 Supreme(GUJ) 293

HIGH COURT OF GUJARAT
SVP
MAJHIRBHAI MOHSINBHAI ROKADIA PARTNER AT M/S TARA EXPLOSIVES CO. (PARTNERSHIP FIRM) – Appellant
Versus
STATE OF GUJARAT – Respondent


Petitioner Advocates:MS SHWETA S LODHA(10592) ,Respondent Advocate: PUBLIC PROSECUTOR(2)

ORDER  :

(S.V. PINTO, J.)

1. The present application is filed by the applicant – original complainant under Section 378(4) of Code of Criminal Procedure, 1973 seeking leave to file an appeal against the judgement and order dated 27.02.2024 passed by the learned 4th Additional Sessions Judge, Panchamahal at Godhra (hereinafter referred to as the “learned Trial Court”) in Criminal Appeal No. 39/2023, whereby, the learned Trial Court was pleased to acquit the accused from the offence under Section 138 of Negotiable Instrument Act, 1881 (hereinafter referred to “the NI Act” for short).

2. Heard learned advocate Ms. Shweta Lodha for the applicant, learned advocate Mr. Harjotsingh Kassowal for the respondent no. 2 and learned APP for the respondent State.

3. Learned advocate Ms. Shweta Lodha for the applicant submits that the applicant and the respondent no. 2 were having business transactions and explosive substances were been purchased by the respondent no. 2. That an amount of Rs. 9,91,970/- was remaining towards which the respondent no. 2 gave cheque no. 000032 dated 20.08.2018 for RS. 6 lakhs from his account with Bank of Baroda, Halol Branch. The cheque was deposited by the applicant i

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