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2025 Supreme(Guj) 1670

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
S.V.PINTO
Laxman Ramanbhai Sinha Thro Nayanaben Laxmanbhai Sinha, WD/o. Laxmanbhai Sinha – Appellant
Versus
State Of Gujarat – Respondent


Advocates Appeared:
For the Appellant : Mr. Bhavik J. Pandya.
For the Respondents: Mr Manish J. Patel, Ms Namrata R. Mulchandani, Ms. C.M. Shah, APP.

ORDER :

1. The present appeal is filed by the appellant – original complainant under Section 419 of the Bhartiya Nagrik Suraksha Sanhita, 2023 (for short “ BNSS ”) against the order dated 22.10.2024 passed by the learned Additional Chief Metropolitan Magistrate, Negotiable Instrument Act Court No. 31, Ahmedabad (hereinafter referred to as the “learned Trial Court”) in Criminal Case No. 2967 of 2020, 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 Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) and the respondent No. 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 had filed a complaint against the accused No. 1 - Friends Communi

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