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2025 Supreme(Online)(Guj) 4600

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
S.V. PINTO, J
VIJAY RAMANLAL UPADHYAY – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
For the Appellants/Petitioners: D.M. Ahuja
For the Respondents: Pranav Dhagat

Table of Content
1. details of cheque dishonor and the context of the loan involved. (Para 1 , 3)
2. arguments on evidence inadequacies and proper court practices. (Para 2 , 4)

ORAL ORDER

1. The present application is filed by the applicant – original complainant seeking leave to file an appeal against the judgement and order dated 22.11.2024 passed by the learned Additional Chief Judicial Magistrate, CBI Court No. 1, Ahmedabad (Rural) (hereinafter referred to as the “learned Trial Court”) in Criminal Case No. 11984/2018, whereby, the learned Trial Court was pleased to acquit the accused from the offence under Section 138 of Negotiable Instrument Act , 1881 (hereinafter referred to “the NI Act” for short).

2. Heard learned advocate Mr. D.M. Ahuja for the applicant and learned APP Mr. Pranav Dhagat for the respondent State.

3. Learned advocate Mr. D.M. Ahuja for the applicant submits that the respondent no. 2 had taken an amount of Rs. 31,00,000/- in all from the applicant and the amount was advanced as the applicant and the respondent no. 2 were known to each other and were friends. The respondent no. 2 had returned an amount of Rs. 16,00,000/- on 03.07.2015 by way of RTGS from his acc

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