AJITSINH CHEHUJI RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Leave granted.

(2.) The instant appeal by special leave filed at the behest of the appellant accused calls into question the order dtd. 25/10/2023 passed by the High Court of Gujarat rejecting the Criminal Misc. Application No. 17933 of 2023 preferred by the appellant under Sec. 482 read with Sec. 391 of the Code of Criminal Procedure, 1973 (hereinafter being referred to as 'CrPC').

(3.) The appellant was prosecuted for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881(hereinafter being referred to as 'NI Act') before the learned trial Court with an allegation that the cheque to the tune of Rs.10.00lakhs issued by the appellant in favour of the complainant Shri Mahadevsinh Cahndaasinh Champavat upon being presented in the bank was dishonoured "for insufficient funds and account dormant".