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2025 Supreme(Guj) 1514

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
S.V.PINTO
Shree Shyamji Trading Co., Thro Suresh Murarilal Goyal – Appellant
Versus
State Of Gujarat – Respondent


Advocates Appeared:
For the Appellant : Mr Yash K Dave, Vishal K Anandjiwala
For the Respondent: Ms Rhea Chokshi, Mr Pranav Dhagat

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 19.10.2024 passed by the learned 2nd Additional Chief Judicial Magistrate, Gandhidham (hereinafter referred to as the “learned Trial Court”) in Criminal Case No. 418 of 2019, whereby the learned Trial Court has dismissed the criminal case for want of prosecution under the provisions of Section 256 of Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) and the respondent Nos. 2 to 4 - 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 appellant is referred to as the complainant and the respondent Nos. 2 to 4 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 complainant is a propriety concern doing business in the name and style of ‘M/s Shree Shyamji Tra

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