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2025 Supreme(GUJ) 882

HIGH COURT OF GUJARAT
HDS
VASANTBHAI RAMESHBHAI VADODARIYA – Appellant
Versus
STATE OF GUJARAT – Respondent


Petitioner Advocates:MR TUSHAR L SHETH(3920) ,Respondent Advocate: PUBLIC PROSECUTOR(2)

ORDER :

1. Rule. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of respondent-State.

2. By way of this application under Section 438 read with Section 442 of the Bharatiya Nyaya Suraksha Sanhita, 2023 (for short “BNSS”), the applicant has prayed for quashing and setting aside the judgment and order dated 04.08.2018 passed by the learned Additional Chief Judicial Magistrate, Rajkot, in Criminal Case No.4258/2016, whereby the Trial Court has been pleased to held the applicant 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 Rs.6,00,000/- towards compensation to the original complainant, in default to pay, to undergo further SI for one yearl, as well as order dated 09.01.2025 by which learned Additional Sessions Judge, Rajkot, dismissed Criminal Appeal No.77/2019 and confirmed the judgment and order of conviction passed by the learned trial Court. Hence, this Revision Application is filed.

3. Learned advocate for the applicant 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 recor

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