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2025 Supreme(Online)(Guj) 9688

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
S.V. PINTO, J
UTSAV CORPORATION THROUGH POA MEHULBHAI ASHOKBHAI ASMANIYAWALA – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
For the Appellants/Petitioners: MR. ANAND S TAILOR
For the Respondents: MS.C.M.SHAH, APP

ORAL ORDER

1. The present application is filed by the applicant – original complainant seeking leave to file an appeal against the judgement and order passed by the learned Additional Chief Judicial Magistrate, Surat (hereinafter referred to as the “learned Trial Court”) in Criminal Case No. 88660 of 2023 dated 03.04.2025, 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 N.I.Act” for short).

2. Heard learned advocate Mr. Anand Tailor for the applicant and learned APP Ms. C.M.Shah for the respondent State.

3. Learned advocate Mr. Anand Tailor for the applicant submits that the applicant is the Power of Attorney Holder of the partnership firm “Utsav Corporation”and the respondent no.2 is the proprietor of ‘Ravi Stitchers” were having business transactions. The applicant had given some cloth for stitching uniform to the respondent no.2 vide the 35 invoices produced on record and an amount of Rs.13,80,975/- was outstanding towards which the respondent no.2 gave cheque no.003611 dated 24.07.2023 for an amount of Rs.12,90,750/- from his account with Associate Cooperative B

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