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2025 Supreme(GUJ) 298

HIGH COURT OF GUJARAT
SVP
PARTNER TO SWARAJ ALUMINUM PARTNERSHIP FIRM THRO MOHAMMAD AJAJ YUSUFBHAI SHAIKH – Appellant
Versus
SHYAM ENTERPRISE – Respondent


Petitioner Advocates:MR. ALTAF Y CHARKHA(7271) ,Respondent Advocate:

ORDER :

(S. V. PINTO, J.) 

1. The present application is filed by the applicant – original complainant under Section 419 of Bharatiya Nagarik Surakhsha Sanhita, 2023 seeking leave to file an appeal against the judgement and order dated 12.12.2024 passed by the learned Judicial Magistrate First Class, Balasinor, District Mahisagar (hereinafter referred to as the “learned Trial Court”) in Criminal Case No. 1147/2022, 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. Learned advocate Mr. Altaf Charkha for the applicant submits that the applicant and the respondent no. 2 had business transactions and the respondent no. 2 used to purchase aluminum from the applicant. When the accounts were drawn, an amount of Rs. 12,46,446.62/- was outstanding towards which cheque no. 000060 dated 18.05.2022 for Rs. 11 lakhs from the account of the respondent no. 2 with HDFC Bank, Chandlodiya Branch, Ahmedabad was given. The cheque was deposited by the applicant in his account with State Bank of India, Balasinor Branch but the cheque returned unpaid with the endorsemen

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