R/CR.MA/368/2022 ORDER DATED: 10/03/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 368 of 2022
In R/CRIMINAL APPEAL NO. 34 of 2022
With
R/CRIMINAL APPEAL NO. 34 of 2022
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PARTNER OF VIKRAM QUERRY WORKERS AMRATBHAI ISHWARBHAI
PATEL
Versus
STATE OF GUJARAT
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Appearance:
MR. YOGENDRA THAKORE(3975) for the Applicant(s) No. 1
MR.ADITYA J PANDYA(6991) for the Respondent(s) No. 2
MS. ASMITA PATEL, APP, for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
Date : 10/03/2023
ORAL ORDER
[1] RULE. Learned Additional Public Prosecutor waives service of notice of rule on behalf of the respondent-state. [2] This application is for Special Leave to Appeal filed by the applicant against the acquittal recorded vide judgment and order dated 23.07.2021 in Criminal Case No.503 of 2018 by the 2 nd Additional Judicial Magistrate First Class, Chikhali. It is the case where the cheque in question was issued in discharge of the liability arising out of a compromise in previous round of litigation again under the provisions of Negotiable Instrument Act being Criminal Case No.1113 of 2017 initiated by the applicant against two persons who claimed to be in partnership with the present respondent accused and while the Page 1 of 2 Downloaded on : Fri Mar 10 20:56:03 IST 2023 R/CR.MA/368/2022 ORDER DATED: 10/03/2023 said case was compromised, the present cheque was issued to which the respondent accused is a signatory. Learned advocate for the applicant submitted that despite there being enforceable debt on account of transaction under which subject matter of grit was made to the respondent accused, the Court has disbelieved the case of the applicant in this regard. Therefore, the case is made out for granting leave to appeal.
[3] In view of the aforesaid, Special Leave to Appeal is granted. Accordingly, present Criminal Misc. Application stands allowed. Rule is made absolute accordingly.
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1. The Appeal is admitted.
2. Issue bailable warrant in the sum of Rs.5,000/- (Rupees Five Thousand only) against the respondent- original accused.
(A.Y. KOGJE, J) SIDDHARTH Page 2 of 2 Downloaded on : Fri Mar 10 20:56:03 IST 2023