Gujarat High Court
Truptiben S Patel vs State Of Gujarat on 28 November, 2023
NEUTRAL CITATION
R/CR.MA/20718/2023 ORDER DATED: 28/11/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 20718
of 2023
In R/CRIMINAL APPEAL NO. 2616 of 2023
With
R/CRIMINAL APPEAL NO. 2616 of 2023
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TRUPTIBEN S PATEL
Versus
STATE OF GUJARAT
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Appearance:
MR RAXIT J DHOLAKIA(3709) for the Applicant(s) No. 1
PRIYANK A TRIVEDI(9061) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS VRUNDA C SHAH, APP PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 28/11/2023
ORAL ORDER
ORDER IN CRIMINAL MISC. APPLICATION:
1. This is an application by the applicant - original complainant under Section 378(4) of the Code of Criminal Procedure, 1973, seeking leave of this Court to present an appeal against the judgment and order of acquittal dated 13.10.2023 passed by the learned Chief Judicial Magistrate, Surendranagar in Criminal Case No.323 of 2021. Page 1 of 3 Downloaded on : Tue Nov 28 20:43:59 IST 2023
NEUTRAL CITATION R/CR.MA/20718/2023 ORDER DATED: 28/11/2023 undefined
2. Heard, learned advocates appearing for respective parties and perused the impugned judgment and order of the trial Court.
3. Learned advocate Mr. Raxit Dholakia for the applicant submits that the learned trial Court had committed grave error on facts in observing that in the impugned complaint, the amount is mentioned as Rs.2,00,000/-, however, the notice, which was produced below Exh.17, the amount is stated to have been mentioned as Rs.6,00,000/-. Learned advocate has drawn attention of this Court and produced the copy of the demand notice, which was produced at Exh.17, wherein it is transpired that for the three different cheques, the consolidated demand notice was issued, wherein, against each cheque number, the amount of Rs.2,00,000/- is mentioned, however, at the end, it is demand of Rs.6,00,000/- was issued.
4. Considering the avernments made in the application and submissions made by the learned advocates appearing for the Page 2 of 3 Downloaded on : Tue Nov 28 20:43:59 IST 2023 NEUTRAL CITATION R/CR.MA/20718/2023 ORDER DATED: 28/11/2023 undefined respective parties, this Court finds that there is some arguable case in favour of the applicant, therefore, leave, as prayed for, is granted. This application is allowed. The certified copy of notice at Exh.17 is ordered to be taken on record.
ORDER IN CRIMINAL APPEAL:
1. The appeal is admitted. Learned APP waives service of notice of admission on behalf of respondent - State.
2. Issue bailable warrant in the sum of Rs.5,000/- (Rupees Five Thousand only) against the respondent - original accused.
3. Record and proceedings be called for from the concerned court. Registry is directed to list the Criminal Appeal in seriatim.
(M. K. THAKKER,J) A. B. VAGHELA Page 3 of 3 Downloaded on : Tue Nov 28 20:43:59 IST 2023