Gujarat High Court
Bharatbhai Madhavjibhai Balar vs Prakashbhai Premjibhai Chotaliya on 1 December, 2025
NEUTRAL CITATION
R/CR.MA/20714/2023 ORDER DATED: 01/12/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 20714
of 2023
In F/CRIMINAL APPEAL NO. 41805 of 2023
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BHARATBHAI MADHAVJIBHAI BALAR
Versus
PRAKASHBHAI PREMJIBHAI CHOTALIYA & ANR.
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Appearance:
SANKUL K KABRA(9304) for the Applicant(s) No. 1
MS SHRUTI PATHAK, APP for the Respondent(s) No. 2
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 01/12/2025
ORAL ORDER
1. This is an application filed for seeking leave to appeal against the judgment and order of acquittal dated 07.10.2023 passed by 2 nd Additional Chief Judicial Magistrate Court, Surat in Criminal Case No.60896 of 2022.
2. Learned advocate for the applicant seeks permission to withdraw the present application as well as connected appeal to file appeal before the concerned Court, in view of the judgment of the Apex Court in case of M/s. Celestium Financial V.A. Gnanasekaran arising out of Special Leave Petiton (Cri.) Nos.137 - 139 / 2025, with the liberty that the period that may be consumed may not be counted as delay in filing such appeal.
3. In view of the above, permission as prayed for, is granted. The applicant can file appropriate appeal before the concerned Court. The present application as well as connected appeal are disposed of Page 1 of 2 Uploaded by URIL KRISHNAKUMAR RANA(HC01406) on Tue Dec 02 2025 Downloaded on : Tue Dec 02 23:16:24 IST 2025 NEUTRAL CITATION R/CR.MA/20714/2023 ORDER DATED: 01/12/2025 undefined as withdrawn, with the aforesaid liberty with a rider that, after withdrawal of the present application and the appeal, necessary proceedings be initiated / filed within a period of four months from the date of receipt of copy of this order. It is clarified that the period that may be consumed in filing the present appeal may not be counted as delay in filing such appeal before the concerned Court.
(SANJEEV J.THAKER,J) URIL RANA Page 2 of 2 Uploaded by URIL KRISHNAKUMAR RANA(HC01406) on Tue Dec 02 2025 Downloaded on : Tue Dec 02 23:16:24 IST 2025