Sanjaysingh Virendrasingh ... vs State Of Gujarat
2021 Latest Caselaw 18302 Guj

     R/CR.MA/17380/2021                             ORDER DATED: 10/12/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 17380 of 2021

                    In R/CRIMINAL APPEAL NO. 1395 of 2021

                                    With
                      R/CRIMINAL APPEAL NO. 1395 of 2021
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                  SANJAYSINGH VIRENDRASINGH CHANDELA
                                 Versus
                           STATE OF GUJARAT
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Appearance:
MR SS ACHARYA(3272) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3
MS MH BHATT, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI

                                Date : 10/12/2021

                                 ORAL ORDER

Order in Criminal Misc. Application No. 17380 of 2021

1. Rule. Learned APP Ms. Monali Bhatt appears and waives service of notice of Rule on behalf of the respondent - State.

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 02.12.2020 passed in Criminal Case No. 14495 of 2018 by the learned 2nd Additional Civil Judge and Judicial Magistrate First Class, Vadodara recording the acquittal under the Negotiable Instruments Act.

R/CR.MA/17380/2021 ORDER DATED: 10/12/2021

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

4. This Court has taken at the few facts of the case coupled with the reason assigned by the learned 2 nd Additional Civil Judge and Judicial Magistrate First Class, Vadodara on 02.12.2020 and also urged that in the present case, the 2nd Additional Civil Judge and Judicial Magistrate First Class, Vadodara has committed an error in not considering the time bar debt. In fact which was not time bar debt. On the contrary, it was the acknowledgment given by way of cheque in the year 2017 and subsequently the complaint was filed in the year 2018.

5. Perused the judgment and order dated 02.12.2020 passed in Criminal Case No. 14495 of 2018 by the learned 2nd Additional Civil Judge and Judicial Magistrate First Class, Vadodara, 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. Rule is made absolute.

R/CR.MA/17380/2021 ORDER DATED: 10/12/2021

Order in Criminal Appeal No. 1395 of 2021

ADMITTED. Learned APP Ms. Monali Bhatt waives service of notice of admission on behalf of the Respondent

- State.

Bailable warrant in the sum of Rs.5000/- be issued against each of the respondents i.e. respondent Nos.2 and

3.

(A. C. JOSHI,J) KUMAR ALOK / 22