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2025 Supreme(Online)(Guj) 7633

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
S.V. PINTO, J
GUJARAT STATE FERTILIZERS AND CHEMICALS LIMITED THRO PANKAJ HAJABHAI PADHIYAR – Appellant
Versus
STATE OF GUJARAT & ORS. – Respondent


Advocates:
For the Appellants/Petitioners: MR. KEYUR D. GANDHI, MR. ISA HAKIM, MS. ARADHANA JAIN
For the Respondents: MR PRANAV DHAGAT

ORAL ORDER

1. The present application is filed by the applicant – original complainant under Section 419(4) of the BNSS, 2023 seeking leave to file an appeal against the order dated 04.03.2025 passed by the learned 7th Additional Chief Judicial Magistrate, Vadodara (hereinafter referred to as the “learned Trial Court”) in Criminal Case No. 49679 of 2015, whereby, the learned Trial Court was pleased to dismiss the criminal case of want of prosecution under the provision of Section 256(1) and 204(4) of the Cr.P.C . and the respondent nos. 2 to 7 – original accused came to be acquitted from the offence under Section 138 of Negotiable Instrument Act, 1881 (hereinafter referred to “the N.I.Act” for short).

1.1 The respondent nos. 2 to 7 are hereinafter referred to as ‘the accused’ 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 application as well as the record and proceedings are as under:

2.1 The applicant is a registered company and is manufacturing and selling fertilizers and industrial products including Carpolactam and the accused no. 1 - M/s. Modipon Fibres Company had purchased goods viz.

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