State Of Gujarat vs Hasmukhbhai Ramjibhai Markana
2021 Latest Caselaw 18057 Guj

   R/CR.MA/21228/2021                              ORDER DATED: 03/12/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/CRIMINAL MISC.APPLICATION NO. 21228 of 2021
                                In
           R/CRIMINAL MISC.APPLICATION NO. 21227 of 2021
                               With
                 R/CRIMINAL APPEAL NO. 1825 of 2021
                               With
           R/CRIMINAL MISC.APPLICATION NO. 21227 of 2021
                                 In
                  CRIMINAL APPEAL NO. 1825 of 2021

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                          STATE OF GUJARAT
                                Versus
                    HASMUKHBHAI RAMJIBHAI MARKANA
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Appearance:
MS MOXA THAKKAR, ADDITIONAL PUBLIC PROSECUTOR(2) for the
Applicant(s) No. 1
for the Respondent(s) No. 1
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 CORAM:HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI

                               Date : 03/12/2021

                                 ORAL ORDER

Order in Criminal Misc. Application No. 21228 of 2021

1. The present Criminal Miscellaneous Application is filed by the applicant - State seeking condonation of delay of 10 days caused in preferring the Criminal Appeal.

2. Considering the submissions advanced and also considering the averments made in the application, this application is allowed. The delay of 10 days caused in preferring the Criminal Appeal is condoned.

R/CR.MA/21228/2021 ORDER DATED: 03/12/2021

Order in Criminal Misc. Application No. 21227 of 2021

1. The present Criminal Miscellaneous Application is filed by the applicant - State under Section 378(4) of the Code of Criminal Procedure seeking leave to appeal challenging the impugned judgment and order dated 29.11.2019 passed in Sessions Case No. 29 of 2015 by the learned Additional Sessions Judge, Rajkot at Gondal recording the acquittal under the Negotiable Instruments Act.

2. Heard APP Ms. Monali Bhatt for the applicant - State.

3. Perused the judgment and order dated 29.11.2019 passed in Sessions Case No. 29 of 2015 by the learned Additional Sessions Judge, Rajkot at Gondal, and considering the averments made in the application and considering the submissions made by the learned Additional Public Prosecutor, 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.

Order in Criminal Appeal No. 1825 of 2021

This appeal is ADMITTED.

Issue Bailable Warrant in the sum of Rs.5,000 (Rupees Five Thousand Only).

Sd/-

(A. C. JOSHI,J) CAROLINE