R/CR.MA/4797/2023 ORDER DATED: 15/03/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 4797 of 2023
With
R/CRIMINAL APPEAL NO. 588 of 2023
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SANJAYKUMAR DILSUKHRAY DHANIDARIYA
Versus
PENGUIN CROP SCIENCE
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Appearance:
MR PREMAL S RACHH(3297) for the Applicant(s) No. 1
MR.H.K.PATEL, APP, for the Respondent(s) No. 3
for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
Date : 15/03/2023
ORAL ORDER
1. RULE. Learned Additional Public Prosecutor waives service of notice of rule on behalf of the respondent-state.
2. This application is filed by the applicant for Special Leave to Appeal against the judgment and order dated 09.02.2021 by the 10th Additional Chief Judicial Magistrate, Special Negotiable Court Jamanagar in Criminal Case No.1254 of 2014. By the impugned judgment and order, the respondent-accused was acquitted of the offense punishable under Section 138 of the Negotiable Instrument Act.
3. At the outset, learned advocate for the applicant has relied upon the order dated 11.11.2022 by this Court in Criminal Misc. Application No.14208 of 2022 and submitted that against the same Page 1 of 2 Downloaded on : Thu Mar 16 20:43:09 IST 2023 R/CR.MA/4797/2023 ORDER DATED: 15/03/2023 accused, in another complaint under the same offense, the Court has already granted leave to appeal.
4. In view of the aforesaid, case is made out for grant of Special Leave to Appeal to prefer an appeal against the impugned judgment and order. 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 : Thu Mar 16 20:43:09 IST 2023