Ashish Jayantilal Dave vs State Of Gujarat
2021 Latest Caselaw 17914 Guj

     R/CR.MA/20976/2021                            ORDER DATED: 30/11/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 20976 of 2021
                  In R/CRIMINAL APPEAL NO. 1793 of 2021
                                  With
                    R/CRIMINAL APPEAL NO. 1793 of 2021
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                          ASHISH JAYANTILAL DAVE
                                   Versus
                            STATE OF GUJARAT
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Appearance:
MR BHAVESH B CHOKSHI(3109) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3
MS. MOXA THAKKAR, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI

                              Date : 30/11/2021

                               ORAL ORDER

Order in Criminal Misc. Application No. 20976 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 22.10.2021 passed in Criminal Case No. 71473 of 2018 by the learned Additional Chief Metropolitan Magistrate, N.I. Act Court No. 30, Ahmedabad recording the acquittal under the Negotiable Instruments Act.

3. Heard learned advocate Mr. Bhavesh Choksi for the applicant and learned APP Ms. Moxa Thakkar for the respondent - State.

4. Perused the judgment and order dated22.10.2021 passed in Criminal Case No. 71473 of 2018 by the learned Additional Chief

R/CR.MA/20976/2021 ORDER DATED: 30/11/2021

Metropolitan Magistrate, N.I. Act Court No. 30, 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 disposed of accordingly. Rule is made absolute.

Order in Criminal Appeal No. 1793 of 2021

1. This appeal is admitted.

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

3. Direct service is permitted.

(A. C. JOSHI,J) prk- 19