Brijesh Harishbhai Pandya vs State Of Gujarat
2021 Latest Caselaw 16624 Guj

      R/CR.MA/18882/2021                                ORDER DATED: 22/10/2021




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/CRIMINAL MISC.APPLICATION NO. 18882 of 2021

                     In R/CRIMINAL APPEAL NO. 1571 of 2021

                                     With
                       R/CRIMINAL APPEAL NO. 1571 of 2021
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                           BRIJESH HARISHBHAI PANDYA
                                      Versus
                                STATE OF GUJARAT
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Appearance:
MR. JAY M THAKKAR(6677) 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 Miscellaneous 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. 2322 of 2016 by the learned Chief Judicial Magistrate, Godhara, District Panchmahal dated 8.9.2021 recording the acquittal under the Negotiable Instruments Act.

3. Heard learned Advocate Mr. Jay M. Thakkar for the Applicant and learned APP Ms. Monali Bhatt for the Respondent - State.

R/CR.MA/18882/2021 ORDER DATED: 22/10/2021

4. This court has perused the judgment passed by the learned Chief Judicial Magistrate and the averments made in the Application. 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. Prayer in terms of paragrapah 4(B) regarding leave to appeal is granted. Rule is made absolute.

Order in Criminal Appeal:

ADMIT. Bailable warrant in the sum of Rs.5000/- be issued against the Respondent - Accused.

(A. C. JOSHI,J) 2 / J.N.W