Mukeshkumar Lakshmidas Vaid vs Bhartendra Naranbhai Savani
2021 Latest Caselaw 18345 Guj

      R/CR.MA/21736/2021                             ORDER DATED: 13/12/2021




  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL MISC.APPLICATION NO. 21736 of 2021
                       In
       R/CRIMINAL APPEAL NO. 1901 of 2021
                      With
       R/CRIMINAL APPEAL NO. 1901 of 2021
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         MUKESHKUMAR LAKSHMIDAS VAID
                     Versus
          BHARTENDRA NARANBHAI SAVANI
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Appearance:
MR.NANDISH H THACKAR(7008) for the Applicant(s) No. 1
for the Respondent(s) No. 1
MS. MOXA THAKKAR, APP (2) for the Respondent(s) No. 2
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 CORAM:HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI

                           Date : 13/12/2021

                               ORAL ORDER

Order in Cri. Misc. Application :-

Heard Mr. Anshin Desai, learned Senior Counsel with Mr. Nandish H. Thackar, learned advocate for the applicant.

Mr. Desai, learned Senior Counsel has drawn the attention of this Court at the judgment and order passed by the 10th Additional Chief Judicial Magistrate, Special Negotiable Court, Jamnagar on 19th July, 2021 and also placed reliance upon the judgment in case of Uttam Ram Vs. Devinder Singh Hudan and Another reported in (2019) 10 SCC 287 and submitted that despite the settlement arrived at between the parties and subsequently cheque no.054687 of Rs.10,00,000/- dated 31st March, 2017 was dishonored, the

R/CR.MA/21736/2021 ORDER DATED: 13/12/2021

same is not discussed properly by the learned trial Court and therefore, ex-facie it is error in the judgment to arrive acquittal of the accused.

This Court has gone through the judgment and order passed by the 10th Additional Chief Judicial Magistrate, Special Negotiable Court, Jamnagar on 19 th July, 2021 and also perused the averments made in the petition and also perused the judgment in case of Uttam Ram Vs. Devinder Singh Hudan and anothers, the matter requires consideration.

Hence, Leave to Appeal is granted.

Order in Criminal Appeal :-

Admit.

Issue bailable warrant in the sum of Rs.5,000/- qua respondent no.1. Ms. Thakkar, learned APP waives service of notice of admission on behalf of the respondent no.2.

(A. C. JOSHI, J.) AMAR RATHOD.../18