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2025 Supreme(GUJ) 540

HIGH COURT OF GUJARAT
SVP
VIPUL MAVJIBHAI PANJARI PROP. OF ANNAPURNA SEA FOODS – Appellant
Versus
STATE OF GUJARAT – Respondent


Petitioner Advocates:MR DIGANT B KAKKAD(6523) ,Respondent Advocate: PUBLIC PROSECUTOR(2)

ORDER :

1. Heard learned advocate Mr.Dhanraj Khosla for learned advocate Mr. Digant B. Kakkad for the applicant and learned APP Mr.Utkarsh Sharma for the respondent – State.

2. By way of the present application, the applicant has prayed to grant leave to appeal against the judgment and order dated 04.02.2025 passed by the learned Additional Civil Judge and Additional Chief Judicial Magistrate, Porbandar (hereinafter referred to as “the learned Trial Court”) in Criminal Case No. 4223 of 2016.

3. Learned advocate Mr.Dhanraj Khosla for learned advocate Mr. Digant B. Kakkad for the applicant submits that the applicant and the respondent No.2 were in the business of fish and the applicant was supplying fishery products to the respondent No.2 as per his requirement. That the account was settled and an amount of Rs.15,72,000/- was outstanding, towards which, the respondent No.2 had issued cheque No.000162 dated 21.09.016 for an amount of Rs,15,72,000/- and the parties have also executed a Memorandum of Understanding, which is produced on record at Exh.45. The agreement was registered with Notary and the applicant has examined the Notary at Exh.44. The agreement stated that the cheque No.0001

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