NEUTRAL CITATION
R/CR.MA/12652/2023 ORDER DATED: 05/10/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 12652
of 2023
In R/CRIMINAL APPEAL NO. 1750 of 2023
With
R/CRIMINAL APPEAL NO. 1750 of 2023
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M/S HDFC BANK LTD. THRO HARDIK SUNILKUMAR THAKER
Versus
STATE OF GUJARAT
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Appearance:
MR PM DAVE(263) for the Applicant(s) No. 1
MR JM BAROT(143) for the Respondent(s) No. 2
MR BHARGAV PANDYA, APP PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 05/10/2023
COMMON 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, passed by the learned 3rd Judicial Magistrate First Class, Mehsana in Criminal Case No.1128 of 2020.
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NEUTRAL CITATION R/CR.MA/12652/2023 ORDER DATED: 05/10/2023 undefined
2. Heard learned advocates appearing for the respective parties and perused the impugned judgment and order of the trial Court.
3. Mr. P.M. Dave, learned advocate for applicant - original complainant submitted that judgment and order of the acquittal was passed on the ground of incorrect cheque number mentioned in the notice. Mr. Dave, learned advocate submits that as per the requirement under Section-138 of the N.I. Act, the notice is required to be issued. There is no specific format, wherein it is mentioned that cheque number is to be mentioned. Notice is issued only to give knowledge to the drawer of the cheque that cheque issued by him was not honoured. Merely not mentioning of the correct number of the cheque would not fatal the case of the complainant.
4. Considering the avernments made in the application and submissions made by the learned advocates appearing for the respective parties, there is some arguable case in favour of the applicant, leave, as prayed for, is granted. This application is allowed.
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NEUTRAL CITATION R/CR.MA/12652/2023 ORDER DATED: 05/10/2023 undefined ORDER IN CRIMINAL APPEAL:-
1. The appeal is admitted. Learned APP Mr. Bhargav Pandya waives service of notice of rule on behalf of respondent no.1 - State.
2. Issue bailable warrant in the sum of Rs.5,000/- (Rupees Five Thousand only) against the respondent - original accused.
(M. K. THAKKER,J) A. B. VAGHELA Page 3 of 3 Downloaded on : Thu Oct 05 21:08:27 IST 2023