R/CR.MA/4221/2023 ORDER DATED: 15/03/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 4221 of 2023
In R/CRIMINAL APPEAL NO. 477 of 2023
With
R/CRIMINAL APPEAL NO. 477 of 2023
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MANOJKUMAR SHANKARLAL PATEL
Versus
STATE OF GUJARAT
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Appearance:
MR. KIRTAN H. MISTRY, ADVOCATE for MS SACHI H BAROT(13081) for
the Applicant(s) No. 1
MS. ASMITA PATEL, APP, for the Respondent(s) No. 1
for the Respondent(s) No. 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 21.01.2023 by the 4 th Additional Sessions Judge, Mehsana in Criminal Appeal No.103 of 2022. By the impugned judgment and order, the Sessions Court has set aside the judgment and order of conviction recorded by the 6 th Additional Chief Judicial Magistrate, Mehsana vide its judgment and order dated 04.04.2022 in Criminal Case No.3728 of 2021. Page 1 of 2 Downloaded on : Thu Mar 16 20:42:56 IST 2023 R/CR.MA/4221/2023 ORDER DATED: 15/03/2023
3. Learned Advocate for the applicant has submitted that though the applicant was successful in establishing beyond doubt with regard to legally enforceable debt yet only on the ground of the defense taken by the respondent-accused that immediately after the transaction of rent for which cheque was issued, there was a filing of an FIR and therefore, it was unlikely that such a cheque could have been issued in favour of the present applicant.
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 20:42:56 IST 2023