Sharadkumar Amrutlal Shah vs State Of Gujarat
2021 Latest Caselaw 18010 Guj

      R/CR.MA/21117/2021                                          ORDER DATED: 02/12/2021




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/CRIMINAL MISC. APPLICATION NO. 21117 of 2021

                     In R/CRIMINAL APPEAL NO. 1815 of 2021

                                     With
                       R/CRIMINAL APPEAL NO. 1815 of 2021
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                           SHARADKUMAR AMRUTLAL SHAH
                                      Versus
                                STATE OF GUJARAT
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Appearance:
GAURAV VYAS(9855) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS. MOXA THAKKAR, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI

                                  Date : 02/12/2021

                                   ORAL ORDER

Order in Criminal Misc. Application No. 21117 of 2021

1. Heard learned Senior Advocate Shri Asim Pandya with learned advocate Mr. Gaurav Vyas for the applicant and learned APP Ms. Moxa Thakkar for the respondent - State.

2. Rule. Learned APP Ms. Moxa Thakkar appears and waives service of notice of Rule on behalf of the respondent - State.

3. The present Criminal Miscellaneous Application is filed by the applicant under Section 378(4) of the Code of Criminal Procedure seeking leave to appeal challenging the impugned judgment and order dated 20.1.2020 passed in Criminal Case No. 80 of 2015 by the learned 2nd Additional Chief Judicial Magistrate, Godhra recording the acquittal under the Negotiable Instruments Act.

R/CR.MA/21117/2021 ORDER DATED: 02/12/2021

3. Heard learned advocate Mr. Jigar Gadhavi for the applicant and learned APP Ms. Monali Bhatt for the respondent - State.

4. Perused the judgment and order dated 20.1.2020 passed in Criminal Case No. 80 of 2015 by the learned 2 nd Additional Chief Judicial Magistrate, Godhra and considering the averments made in the application and considering the submissions made by the learned advocate for the appellant, the matter requires consideration. Therefore, the leave to appeal as prayed for deserves to be granted and the present Criminal Misc. Application stands allowed and disposed of accordingly. Rule is made absolute.

Order in Criminal Appeal No. 1815 of 2021

1. This appeal is admitted.

2. Issue Bailable Warrant in sum of Rs.5,000/- against the respondent No. 2 (original accused).

(A. C. JOSHI,J) prk- 19