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2025 Supreme(Online)(Guj) 6587

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
MS. JUSTICE S.V. PINTO, J
BANUBIBI AKBARMIYA SAIYAD THROUGH POA SAIYAD NISARMIYA PIRSABMIYA – Appellant
Versus
SAIYAD SHABBIRALI AKBARMIYA & ANR. – Respondent


Advocates:
For the Appellants/Petitioners: MR ARPIT A KAPADIA
For the Respondents: MR AFTABHUSEN ANSARI, MR. PRANAV DHAGAT, APP

Table of Content
1. initiation of leave to appeal application. (Para 1 , 2)
2. arguments regarding prior acquittal. (Para 3 , 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 21.12.2024 passed by the learned 20th Additional Chief Judicial Magistrate, Vadodara (hereinafter referred to as the “learned Trial Court”) in Criminal Case No. 38937/2018, 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. Arpit Kapadia for the applicant, learned advocate Mr. Aftabhusen Ansari for the respondent no. 1 and learned APP Mr. Pranav Dhagat for the respondent State.

3. Learned advocate Mr. Arpit Kapadia for the applicant submits that the applicant was the owner of land bearing revenue survey nos. 302, 307, 432 and 435 situated in village Samilaya, Taluka Vadodara. Out of the said lands, some portion of survey nos. 302 and 307 were acquired by the Authority in the Mumbai – Vadodara Express Way and an amount of Rs. 5,20,35,095/- was

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