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2025 Supreme(GUJ) 608

HIGH COURT OF GUJARAT
SVP
KRISH COMMUNICATION THRO KUNAL PARIKH – Appellant
Versus
STATE OF GUJARAT – Respondent


Petitioner Advocates:MR.BHASH H MANKAD(6258) ,Respondent Advocate: PUBLIC PROSECUTOR(2)

ORDER :

(S.V. PINTO, J.)

1. The present appeal is filed by the appellant – original complainant under Section 378 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) against the order dated 12.07.2024 passed by the learned 7th Additional Chief Judicial Magistrate, Ahmedabad (hereinafter referred to as the “learned Trial Court”) in Criminal Case No. 6717 of 2022, whereby the learned Trial Court has dismissed the Criminal Case for want of prosecution as the appellant did not remain present under the provisions of Section 256 of Cr.P.C. and the respondent Nos. 2 and 3 - original accused came to be acquitted from the offence under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as ‘the N I Act”).

1.1 The respondent Nos. 2 and 3 are hereinafter referred to as “the accused” in the rank and file as they 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 appellant is dealing in the business of broadcasting solutions for Outdoor/Radio/TV/Printing and the accused had a business transaction for broadcasting ad

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