Harshil Kanubhai Ganatra ... vs State Of Gujarat
2021 Latest Caselaw 17117 Guj

      R/CR.MA/19472/2021                                ORDER DATED: 29/10/2021




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/CRIMINAL MISC.APPLICATION NO. 19472 of 2021

                     In R/CRIMINAL APPEAL NO. 1619 of 2021
                                     With
                       R/CRIMINAL APPEAL NO. 1619 of 2021
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      HARSHIL KANUBHAI GANATRA PROPRIETOR OF NILKANTH IMAX
                              Versus
                        STATE OF GUJARAT
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Appearance:
MR. MEET PANSURIA, ADVOCATE for MS MEGHA JANI(1028) for the
Applicant(s) No. 1
for the Respondent(s) No. 2,3
MS. MONALI BHATT, APP for the Respondent(s) No. 1
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     CORAM:HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI

                                Date : 29/10/2021

                                  ORAL ORDER

Order in Criminal Miscellaneous Application:

1. 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. 621 of 2016 by the learned Judicial Magistrate First Class, Ahmedabad (Rural) dated 9.7.2020 recording acquittal of the Respondent Nos. 2 and 3 (Original Accused Nos. 1 and 2 respectively) under the Negotiable Instruments Act.

2. Heard learned Advocate Mr. Meet Pansuria for learned Advocate Ms. Megha Jani for the Applicant.

3. Rule. Learned APP Ms. Monali Bhatt appears and waives service of notice of Rule on behalf of the Respondent - State of Gujarat.

4. Learned Advocate Mr. Meet Pansuria has vehemently and fervently argued that the reasons recorded by the learned Judge in paragraph 12 of the

R/CR.MA/19472/2021 ORDER DATED: 29/10/2021

judgment are not proper in the eyes of law. Learned Advocate has also drawn the attention of this Court about the authorization letter in the paper book which is addressed to the Complainant Nilkanth Imax by the so-called Accused No.2 wherein Accused No.1 has given powers to Accused No.2 Bipin M. Thakkar. Learned Advocate for the Applicant has also taken this Court to the different facts of the case.

5. This court has perused the judgment and order passed by the learned Judge and also considered the submissions advanced by the learned Advocate for the Applicant. 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 7(A) regarding leave to appeal is granted. Rule is made absolute.

Order in Criminal Appeal:

ADMITTED. Learned APP Ms. Monali Bhatt waives service of notice of admission on behalf of the Respondent - State.

Bailable warrant in the sum of Rs.5000/- be issued against each of the Respondents Accused.

(A. C. JOSHI,J)

J.N.W