Divyesh Kantilal Reshamwala ... vs Snehal Shashikant Kapadiya
2021 Latest Caselaw 17755 Guj

     R/CR.MA/20646/2021                            ORDER DATED: 25/11/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 20646 of 2021

                    In R/CRIMINAL APPEAL NO. 1762 of 2021

                                    With
                      R/CRIMINAL APPEAL NO. 1762 of 2021
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DIVYESH KANTILAL RESHAMWALA PROPRIETOR OF D.K.ENTERPRISE
                         Versus
               SNEHAL SHASHIKANT KAPADIYA
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Appearance:
MR HARDIK A DAVE(3764) 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 : 25/11/2021

                                ORAL ORDER

Order in Criminal Misc. Application No. 20646 of 2021

1. Rule. Learned APP Ms. Moxa Thakkar appears and waives service of notice of Rule on behalf of the respondent No. 2 - 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 4.1.2020 passed in Criminal Case No. 30845 of 2018 by the learned 9th Additional Chief Judicial Magistrate, Surat recording the acquittal under the Negotiable Instruments Act.

3. Heard learned advocate Mr. Hardik Dave for the applicant and learned APP Ms. Moxa Thakkar for the respondent No. 2 - State.

4. Perused the judgment and order dated 4.1.2020 passed in

R/CR.MA/20646/2021 ORDER DATED: 25/11/2021

Criminal Case No. 30845 of 2018 by the learned 9 th Additional Chief Judicial Magistrate, Surat and considering the averments made in the application and considering the submissions made by the learned advocate for the applicant, 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 disposed of accordingly. Rule is made absolute.

Order in Criminal Appeal No. 1762 of 2021

1. This appeal is admitted.

2. Issue Bailable Warrant in sum of Rs.5,000/- against the respondent -original accused.

(A. C. JOSHI,J) prk- 17