Jayeshbhai Shankarlal Patel vs Tulshibhai Shivabhai Makwana
2021 Latest Caselaw 12397 Guj

   R/CR.MA/9074/2021                                ORDER DATED: 25/08/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        R/CRIMINAL MISC.APPLICATION NO.             9074 of 2021

               In R/CRIMINAL APPEAL NO. 727 of 2021

                                 With
                  R/CRIMINAL APPEAL NO. 727 of 2021
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                        JAYESHBHAI SHANKARLAL PATEL
                                   Versus
                       TULSHIBHAI SHIVABHAI MAKWANA
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Appearance:
DHAVAL A PARMAR(7780) for the Applicant(s) No. 1
MR RONAK RAVAL, APP for the Respondent(s) No. 2
SERVED BY RPAD   (R)(66) for the Respondent(s) No. 1
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  CORAM:HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI

                            Date : 25/08/2021

                                ORAL ORDER

Order in Criminal Misc. Application No.9074 of 2021

By way of the present application under Section 378 (4) of the Code of Criminal Procedure, 1973, the applicant - original complainant has prayed to grant leave to appeal against the judgment and order of acquittal dated 04.02.2021 passed by learned 24th Additional Senior Civil Judge and Additional Chief Judicial Magistrate, Surat in Criminal Case No.46219 of 2018.

I have heard learned advocates appearing for the respective parties. I have also perused the impugned judgment of the learned Trial Court. Considering the facts and circumstances of the case, I am of the opinion that the present application requires

R/CR.MA/9074/2021 ORDER DATED: 25/08/2021

consideration. Hence, the present application is allowed. Leave as prayed for is granted. Rule is made absolute.

Order in Criminal Appeal No.727 of 2021

Admit. Bailable warrant in the sum of Rs.10,000/- (Rupees Ten Thousand Only) be issued upon the respondent no.1 - accused.

(VIPUL M. PANCHOLI, J) LAVKUMAR J JANI