NEUTRAL CITATION
R/CR.MA/14727/2023 ORDER DATED: 11/10/2023
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 14727
of 2023
In R/CRIMINAL APPEAL NO. 2316 of 2023
With
R/CRIMINAL APPEAL NO. 2316 of 2023
==========================================================
JAYANTIBHAI JOITARAM PATEL
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR RATHIN P RAVAL(5013) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3,4,5,6,7
MS DIVYANGNA JHALA, ADDL.PUBLIC PROSECUTOR for the
Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 11/10/2023
ORAL ORDER
ORDER IN R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 14727 of 2023
1.This is an application preferred 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 2nd Additional Judicial Magistrate, Himmatnagar dated 06.07.2023 in Criminal Case No.1688 OF 2014.
2.Learned advocate Mr.Rathin Raval appearing for the applicant submits that the learned trial Court had committed a grave error in Page 1 of 3 Downloaded on : Thu Oct 12 20:45:59 IST 2023 NEUTRAL CITATION R/CR.MA/14727/2023 ORDER DATED: 11/10/2023 undefined acquitting the respondent-accused on the sole ground that return memo does not indicate the year as it is not a legible copy. Learned advocate Mr.Raval further submits and relies on the paper book, which is produced wherein the computerized copy of the written memo was part of the record and was exhibited below Exhibit-27 wherein the date of written memo mentioned as 14.02.2014. Learned advocate further relies on the audited balance sheet wherein also the debt is mentioned.
3.In view of above submissions, the application seeking leave to prefer an appeal is allowed and disposed of accordingly. ORDER IN R/CRIMINAL APPEAL NO. 2316 of 2023
1.The appeal is admitted. Learned APP, Ms.Divyangna Jhala waives service of notice of admission on behalf of the respondent- State.
Page 2 of 3 Downloaded on : Thu Oct 12 20:45:59 IST 2023
NEUTRAL CITATION R/CR.MA/14727/2023 ORDER DATED: 11/10/2023 undefined
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. List the matter in seriatim.
(M. K. THAKKER,J) M.M.MIRZA Page 3 of 3 Downloaded on : Thu Oct 12 20:45:59 IST 2023