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2024 Supreme(Online)(GUJ) 16038

HIGH COURT OF GUJARAT
S.V. PINTO, J
JAYANTIBHAI NARANBHAI PATEL – Appellant
Versus
STATE OF GUJARAT – Respondent


Petitioner Advocates:MR ASHISH M DAGLI(2203) ,Respondent Advocate: PUBLIC PROSECUTOR(2)

Table of Content
1. background of financial transactions (Para 1 , 2 , 3)
2. arguments by applicant's advocate (Para 4)
3. arguments by respondents' advocate (Para 5)
4. court's examination of evidence (Para 6)
5. presumption in favor of holder (Para 7 , 8)

ORAL ORDER

At the outset, learned advocate for the applicant seeks permission to delete the name of Respondent No. 5 i.e. Patel Harishbhai Laxmibhaidas as also submits that by an order dated 10/07/223 passed by this Court, matter qua Respondent No. 6 i.e. Patel Rajnikant Hiralal is abated since the respondent No. 6 has expired.

Permission as prayed for is granted. Registry is directed to delete the name of Respondent No. 5 Patel Harishbhai Laxmibhaidas and necessary amendment shall be carried out.

1. The present application has been filed by the original complainant seeking leave to appeal under Section 378(4) of the Code of Criminal Procedure, 1973 ( hereinafter referred to “Cr.P.C.”, for short) challenging the judgement and order of acquittal dated 17/03/2023 passed by the learned Judicial Magistrate First Class, Dakor (hereinafter referred to as the learned trial Court) in Criminal Case No. 85 of 2002, whereby the learned trial Court

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