Gujarat High Court
Hasmukhbhai Jivrajbhai ... vs State Of Gujarat on 7 December, 2021
Bench: Ashokkumar C. Joshi
R/CR.MA/7481/2021 ORDER DATED: 07/12/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 7481 of 2021
In R/CRIMINAL APPEAL NO. 648 of 2021
With
R/CRIMINAL APPEAL NO. 648 of 2021
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HASMUKHBHAI JIVRAJBHAI BHENSJALIYA
Versus
STATE OF GUJARAT
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Appearance:
MR ANUP S BHAVSAR(10208) for the Applicant(s) No. 1
MR. JAY M THAKKAR(6677) for the Applicant(s) No. 1
MR MINESH C DAVE(1096) 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 : 07/12/2021
ORAL ORDER
Order in Criminal Misc. Application No. 7481 of 2021
1. Rule. Learned APP Ms. Moxa Thakkar appears and waives
service of notice of Rule on behalf of the respondent - State and
learned advocate Mr. Ashok Purohit waives for respondent No.2 .
2. 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 11.11.2020 passed in Criminal Case No. 375 of 2017 by
the learned Judicial Magistrate First Class, Limbdi recording the
acquittal under the Negotiable Instruments Act.
R/CR.MA/7481/2021 ORDER DATED: 07/12/2021
3. Heard learned advocate Mr. J.M. Thakkar for the applicant,
learned APP Ms. Moxa Thakkar for the respondent - State and
learned advocate Mr. Ashok Purohit with learned advocate Mr.
Minesh C. Dave.
4. Mr. Thakkar has drawn the attention of this Court that the
judgment and order passed by the learned Judicial Magistrate First
Class, Limbdi, the order dated 11.11.2020 coupled with the reasons
assigned by the learned Judicial Magistrate First Class and also
drawn the attention of this Court about the latest judgment of
Hon'ble Supreme Court rendered in the case of Rohitbhai Jivanlal
Patel vs. State of Gujarat and Anr. reported in (2019) 18 SCC
106, and submitted that the learned judge has committed an error
and therefore, leave to appeal may kindly be granted.
5. Learned APP Ms. Moxa Thakkar as well as learned
advocate Mr. Ashok Purohit have strongly opposed for grant of
leave to appeal.
6. Perused the judgment and order dated 11.11.2020 passed in
Criminal Case No. 375 of 2017 by the learned Judicial Magistrate
First Class, Limbdi, and considering the averments made in the
application, considering the submissions made by the learned
advocate for the appellant and judgment of the Hon'ble Supreme
Court rendered in the case of Rohitbhai Jivanlal Patel (supra),
the matter requires consideration. Therefore, the leave to appeal as
prayed for deserves to be granted and the present Criminal Misc.
Application stands allowed. Rule is made absolute.
R/CR.MA/7481/2021 ORDER DATED: 07/12/2021
Order in Criminal Appeal No. 648 of 2021
This appeal is admitted.
(A. C. JOSHI,J)
KUMAR ALOK / 77
