IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 23861 of 2024 In F/CRIMINAL APPEAL NO. 31576 of 2024 ==========================================================

GAUTAM SHAMJIBHAI BADHANI Versus STATE OF GUJARAT & ANR.

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Appearance:

MR. MAULIK M SONI(7249) for the Applicant(s) No. 1 MR ROHAN N SHAH, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MS. JUSTICE S.V. PINTO Date : 11/08/2025

ORAL ORDER

1. The present application is filed by the applicant – original complainant under Section 378(4) of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) seeking leave to file an appeal against the judgment and order passed by the learned Additional Chief Judicial Magistrate, Nakhatrana Dist. Kachchh (hereinafter referred to as "the learned Trial Court") in Criminal Case No. 601 of 2019 on 08.01.2024, whereby the respondent No. 2 - original accused came to be acquitted from the offence under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as ‘the NI Act”).

1.1 The respondent No 2 is hereinafter referred