Patel Samirkumar Dashrathbhai vs State Of Gujarat
2022 Latest Caselaw 4254 Guj

     R/CR.MA/2838/2022                               ORDER DATED: 19/04/2022




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 2838 of 2022
                  In R/CRIMINAL APPEAL NO. 305 of 2022
                                  With
                    R/CRIMINAL APPEAL NO. 305 of 2022
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                         PATEL SAMIRKUMAR DASHRATHBHAI
                                      Versus
                                STATE OF GUJARAT
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Appearance:
MR DK CHAUDHARI(5361) for the Applicant(s) No. 1
MR PRAVIN GONDALIYA(1974) for the Respondent(s) No. 2
MR RC KODEKAR, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

                                 Date : 19/04/2022
                                  ORAL ORDER

Order in Criminal Misc. Application:-

1. This application is filed by the applicant under Section 378(4) of the Code of Criminal Procedure, 1973, seeking leave to file appeal against the judgment and order of acquittal dated 19/03/2021 passed by the learned 4 th Additional Chief Judicial Magistrate, Mehsana in Criminal Case No.5439 of 2013 acquitting the accused for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881.

2. Heard Mr. D. K. Chaudhari, learned advocate for the applicant, Mr.R. C. Kodekar, learned APP for the respondent- State and Mr. Keval Brahmbhatt, learned advocate for Mr.Pravin Gondalia, learned advocate for respondent no.2.

3. Mr. Keval Brhambhatt, learned advocate for Mr. Pravin

R/CR.MA/2838/2022 ORDER DATED: 19/04/2022

Gondalia, learned advocate for respondent no.2 submitted that complainant has not been able to prove the case against the respondent accused. Hence, there is no illegality found in the impugned order and therefore, the same is not required to be interfered.

3. Rule. Mr.R. C. Kodekar, learned APP waives service of notice of Rule for the respondent-State and Mr. Keval Brahmbhatt, learned advocate for Mr.Pravin Gondalia, learned advocate waives service of notice of Rule for respondent no.2.

4. Considering the averments made in the application as well as submissions made by learned advocates appearing for the respective parties, present application is allowed. Leave to file appeal is granted. Rule is made absolute accordingly.

Order in Crimina1 Appeal:-

1. Appeal is admitted. Mr.R. C. Kodekar, learned APP waives service of notice of admission for the respondent-State and Mr. Keval Brahmbhatt, learned advocate for Mr.Pravin Gondalia, learned advocate waives service of notice of admission for respondent no.2.

2. Issue bailable warrant in the sum of Rs.5,000/- (Rupees Five Thousand only) against the respondent-original accused.

(RAJENDRA M. SAREEN,J) ILA