Ashokkumar Govindbhai Bariya vs State Of Gujarat
2021 Latest Caselaw 17266 Guj

     R/CR.MA/19118/2021                              ORDER DATED: 16/11/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 19118 of 2021

                    In R/CRIMINAL APPEAL NO. 1599 of 2021

                                    With
                      R/CRIMINAL APPEAL NO. 1599 of 2021
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                          ASHOKKUMAR GOVINDBHAI BARIYA
                                      Versus
                                STATE OF GUJARAT
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Appearance:
PARTH J BRAHMBHATT(9373) for the Applicant(s) No. 1
SUDHANSHU A JHA(8345) for the Applicant(s) No. 1
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 : 16/11/2021

                                  ORAL ORDER

Order in Criminal Misc. Application:

1. Rule. Learned APP Ms. Moxa Thakkar appears and waives service of notice of Rule on behalf of the Respondent - State of Gujarat.

2. The present Criminal Miscellaneous Application is filed by the Applicant (Original Complainant) under Section 378(4) of the Code of Criminal Procedure seeking Special Leave to Appeal challenging the impugned judgment and order passed in Criminal Case No. 4077 of 2016 by the learned Judicial Magistrate First Class, Dabhoi dated 31.05.2021 recording the acquittal under the Negotiable Instruments Act.

R/CR.MA/19118/2021 ORDER DATED: 16/11/2021

3. Heard learned Advocate Mr. Sudhanshu Jha for the Applicant and learned APP Ms. Moxa Thakkar for the Respondent - State.

4. This court has perused the judgment and order passed by the learned Judicial Magistrate First Class, Dabhoi dated 31.05.2021 and also considered the submissions advanced by the learned Advocate for the Applicant. The matter requires consideration. Therefore, the special leave to appeal as prayed for deserves to be granted and the present Criminal Misc. Application stands allowed. Prayer in terms of paragraph 14(A) regarding leave to appeal is granted. Rule is made absolute.

Order in Criminal Appeal

ADMIT.

Issue bailable warrant against the respondent No. 2 - original accused in the sum of Rs. 5,000/-.

(A. C. JOSHI,J) SHRIJIT PILLAI/23