Shivam Finance A Proprietorship ... vs Bhartendra Naranbhai Savani
2021 Latest Caselaw 18451 Guj

     R/CR.MA/21559/2021                            ORDER DATED: 15/12/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 21559 of 2021

                    In R/CRIMINAL APPEAL NO. 1873 of 2021

                                    With
                      R/CRIMINAL APPEAL NO. 1873 of 2021
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 SHIVAM FINANCE A PROPRIETORSHIP FIRM THRO ITS PROPRIETOR
              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 for the Respondent(s) No. 2
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 CORAM:HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI

                               Date : 15/12/2021

                                ORAL ORDER

Order in Criminal Misc. Application :-

1. Heard Mr. Nandish H. Thackar, learned advocate for the applicant.

2. Mr.Thackar, learned 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

R/CR.MA/21559/2021 ORDER DATED: 15/12/2021

settlement arrived at between the parties and subsequently cheque no.054684 of Rs.4,77,435/- dated 31st March, 2017 was dishonored, the 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.

3. This Court has gone through the judgment and order passed by the 10th Additional Chief Judicial Magistrate, Special Negotiable Court, Jamnagar on 19th 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) KUMAR ALOK / 27