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2025 Supreme(GUJ) 376

HIGH COURT OF GUJARAT
HDS
PATEL SUNILBHAI RAMABHAI – Appellant
Versus
STATE OF GUJARAT – Respondent


Petitioner Advocates:MR NK MAJMUDAR(430) ,Respondent Advocate: PUBLIC PROSECUTOR(2)

ORDER :

(HASMUKH D. SUTHAR, J.) 

[1.0] RULE. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of respondent State.

[2.0] By way of this application under Section 438 read with Section 442 of the Bharatiya Nyaya Suraksha Sanhita, 2023 (for short “BNSS”) , the applicants have prayed for quashing and setting aside the judgment and order dated 17.03.2023 passed by the learned Judicial Magistrate First Class, Dakor in Criminal Case No.515/2000, whereby the Trial Court has been pleased to hold the applicants guilty for the offence punishable under Section 138 of N.I. Act and sentenced to undergo SI of one year and also directed to pay double of the cheque amount i.e. Rs.2,00,000/- towards compensation to the original complainant as well as order dated 18.02.2025 by which the learned 3rd Addl. Sessions Judge, Nadiad dismissed Criminal Appeal No.113/2023 and confirmed the judgment and order of conviction of learned JMFC. Hence, this Revision Application is filed.

[3.0] Learned advocate for the applicants has taken this Court through the factual matrix arising out of the present application and submitted that, the both the courts below have erred in recording conv

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