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HIGH COURT OF GUJARAT
M. K. THAKKER, J
ANILKUMAR JAYANTILAL SATHWARA – Appellant
Versus
STATE OF GUJARAT – Respondent
| Table of Content |
|---|
| 1. acquittal of accused (Para 3 , 4 , 5) |
| 2. arguments by complainant's advocate (Para 6) |
| 3. court's discussion on evidence (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 4. importance of cross-examination (Para 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32) |
| 5. appeal dismissed (Para 33) |
ORAL JUDGMENT
1. RULE. Learned APP waives service of rule for the respondent-State.
2. With the consent of the respective learned advocates, this matter was heard finally.
3. This appeal is filed challenging the judgment and order dated 18.01.2023 of acquittal passed by the learned Special Metropolitan Magistrate, Negotiable Instrument Court, Ahmedabad in Criminal Case No. 3103173 of 2015 and Criminal Case No. 3103172 of 2015 whereby, the accused came to be acquitted for the offence punishable under section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the “N.I. Act”).
4. It is the case of the complainant that complainant and the accused are friends and for the business of construction, the accused had demanded the amount of Rs.1,33,20,000/- which was lent by the complainant after borrowing the same from his relatives and from his
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