Mavjibhai Haribhai Patel vs State Of Gujarat
2021 Latest Caselaw 2084 Guj

        R/SCR.A/833/2021                                      ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        R/SPECIAL CRIMINAL APPLICATION NO. 833 of 2021

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                           MAVJIBHAI HARIBHAI PATEL
                                     Versus
                              STATE OF GUJARAT
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Appearance:
MR PANKAJ S CHAUDHARY(3269) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR MANAN MEHTA, APP for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE B.N. KARIA

                                Date : 11/02/2021

                                 ORAL ORDER

By way of present application, the applicant has prayed to

quash and set aside the judgment and order dated 12.11.2020

passed by learned Principal Judicial Magistrate, Vadgam, Dist.:

Banaskantha in Criminal Case no.619 of 2019 at Exh.30.

Heard learned advocate for the applicant.

It is submitted by learned advocate for the applicant that the

impugned judgment and order passed by the learned Court­below

is contrary to law and against the principle of law. That no

opportunity of cross­examination was given to present applicant

and on 12.11.2020, the matter was fixed for arguments and even

on the very same day, request was made by present applicant vide

R/SCR.A/833/2021 ORDER

application Exh.27 to deposit 10% of the cheque amount and also

the applicant has submitted one application Exh.28 to list of

defence witnesses, but both the applications were rejected. That the

applicant has shown his bona fide by depositing an amount of

Rs.5,50,000/­ i.e. 50% of the disputed cheque amount before the

learned Court­below on 09.09.2021.

Issue requires consideration.

Hence, Rule, returnable on 11.06.2021. Learned APP waives

service of notice of Rule for and on behalf of the respondent­State.

The impugned judgment and order dated 12.11.2020 passed

by learned Principal Judicial Magistrate, Vadgam, Dist.:

Banaskantha in Criminal Case no.619 of 2019 at Exh.30 shall be

stayed till final disposal of the application.

An amount of Rs.5,50,000/­ deposited by the applicant shall

be invested in the Nationalized Bank by the concerned learned Trial

Court in favour of learned Principal Judicial Magistrate, Vadgam,

Dist.: Banaskantha initial for a period of three years.

(B.N. KARIA, J) rakesh*/