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2025 Supreme(Guj) 1097

HIGH COURT OF GUJARAT
S.V. PINTO
Bakulaben Harshadbhai Raval – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Hiren S. Somaiya, Anand M. Ranpara
For the Respondent: Bhargav Pandya

ORDER :

1. The present application is filed by the applicant-original complainant under Section 419(4) of the Bharatiya Nagrik Suraksha Sanhita, 2023 (for short “BNSS”) seeking leave to file an appeal against the judgment and order dated 16.10.2024 passed by the learned Chief Judicial Magistrate, Anand (hereinafter referred to as the “learned Trial Court”) in Criminal Case No. 4028 of 2018, whereby the respondent No. 2 - 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 No. 2 is referred to as “the accused” as he 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 application as well as the impugned judgment and order and paper book filed by the applicant are as under:

2.1 The complainant filed a complaint against the accused under Section 138 of the Act, mainly contending that the accused had taken a loan of amount of Rs.20,00,000/- in cash and the accused had issued twenty cheques for the amount of Rs.1,00,000/- each including one cheque No.561096 dated 14.07.2018 from the acco

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