Naginlal Keshavlal Shah vs State Of Gujarat
2021 Latest Caselaw 16612 Guj

     R/CR.MA/18908/2021                            ORDER DATED: 22/10/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 18908 of 2021

                    In R/CRIMINAL APPEAL NO. 1576 of 2021
                                    With
                      R/CRIMINAL APPEAL NO. 1576 of 2021
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                          NAGINLAL KESHAVLAL SHAH
                                   Versus
                             STATE OF GUJARAT
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Appearance:
MR. HARDIK K RAVAL(6366) 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 : 22/10/2021

                                ORAL ORDER

Order in Criminal Misc. Application No. 18908 of 2021

1. Rule. Learned APP Ms. Monali Bhatt 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 (Original Complainant) under Section 378(4) of the Code of Criminal Procedure seeking leave to appeal challenging the impugned judgment and order dated 18.09.2021 passed in Criminal Case No. 18 of 2019 by the learned 2 nd Additional Judicial Magistrate First Class, Bhiloda, recording the acquittal under the Negotiable Instruments Act.

3. Heard learned advocate Mr. Hardik Raval for the applicant and learned APP Ms. Monali Bhatt for the respondent - State.

4. Perused the judgment and order dated 18.09.2021 passed in

R/CR.MA/18908/2021 ORDER DATED: 22/10/2021

Criminal Case No. 18 of 2019 by the learned 2 nd Additional Judicial Magistrate First Class, Bhiloda, 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. Prayer in terms of paragraph 7(B) is granted. Rule is made absolute.

Order in Criminal Appeal No. 1576 of 2021

1. The Criminal Appeal is ADMITTED.

2. Issue Bailable warrant upon the respondent No. 2 i.e. [email protected] Rameshsinh Makwana in the sum of Rs.5,000/-.

(A. C. JOSHI,J) prk