Alpeshbhai Dineshchandra Raval vs State Of Gujarat
2021 Latest Caselaw 17452 Guj

     R/CR.MA/20090/2021                            ORDER DATED: 18/11/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 20090 of 2021

                    In R/CRIMINAL APPEAL NO. 1681 of 2021

                                    With
                      R/CRIMINAL APPEAL NO. 1681 of 2021
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                     ALPESHBHAI DINESHCHANDRA RAVAL
                                  Versus
                            STATE OF GUJARAT
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Appearance:
MR PRAVIN GONDALIYA(1974) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS MONALI BHATT, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI

                               Date : 18/11/2021

                                ORAL ORDER

Order in Criminal Misc. Application:

1. Rule. Learned APP Ms. Monali Bhatt 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. 8173 of 2013 by the learned 2 nd Additional Chief Judicial Magistrate, Nadiad dated 08.07.2021 recording the acquittal under the Negotiable Instruments Act.

3. Heard learned Advocate Mr. Keval Brahmbhatt for Mr.

R/CR.MA/20090/2021 ORDER DATED: 18/11/2021

Pravin Gondalia, learned advocate for the Applicant and learned APP Ms. Monali Bhatt for the Respondent - State.

4. This court has perused the judgment and order passed by the learned 2nd Additional Chief Judicial Magistrate, Nadiad dated 08.07.2021 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. 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/11