Jagdishbhai Gobarbhai Baldha vs State Of Gujarat
2021 Latest Caselaw 17515 Guj

     R/CR.MA/20184/2021                              ORDER DATED: 22/11/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC. APPLICATION NO. 20184 of 2021
                  In R/CRIMINAL APPEAL NO. 1708 of 2021

                                    With
                      R/CRIMINAL APPEAL NO. 1708 of 2021
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                          JAGDISHBHAI GOBARBHAI BALDHA
                                      Versus
                                STATE OF GUJARAT
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Appearance:
MR HARSHEEL D SHUKLA(6158) 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 : 22/11/2021

                                  ORAL ORDER

Order in Criminal Misc. Application No. 20184 of 2021

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

2. The present Criminal Miscellaneous Application is filed by the applicant under Section 378(4) of the Code of Criminal Procedure seeking leave to appeal challenging the impugned judgment and order dated 12.5.2021 passed in Criminal Case No. 213 of 2014 by the learned Judicial Magistrate First Class, Jamkandorna recording the acquittal under the Negotiable Instruments Act.

3. Heard learned advocate Mr. Harsheel D. Shukla for the applicant and learned APP Ms. Moxa Thakkar for the respondent - State.

R/CR.MA/20184/2021 ORDER DATED: 22/11/2021

4. Perused the different papers on record and judgment and order dated 12.5.2021 passed in Criminal Case No. 213 of 2014 by the learned Judicial Magistrate First Class, Jamkandorna and considering the averments made in the application and considering the submissions made by the learned advocate for the appellant, the matter requires consideration. Therefore, the leave to appeal as prayed for deserves to be granted and the present Criminal Misc. Application stands allowed and stand disposed of accordingly. Rule is made absolute.

Order in Criminal Appeal No. 1708 of 2021

1. This appeal is admitted.

2. Issue bailable warrant in sum of Rs.5,000/- against the original -accused.

(A. C. JOSHI,J) prk - 15