Himanshu Pravinbhai Talati vs State Of Gujarat
2022 Latest Caselaw 4280 Guj

     R/CR.MA/17941/2020                              ORDER DATED: 20/04/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 17941 of 2020

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                          HIMANSHU PRAVINBHAI TALATI
                                    Versus
                              STATE OF GUJARAT
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Appearance:
MR P P MAJMUDAR(5284) for the Applicant(s) No. 1
MR JIGAR D DAVE(6528) for the Respondent(s) No. 2
MR. HIREN D VYAS(9782) 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 : 20/04/2022
                                  ORAL ORDER

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 20/02/2020 passed by the learned 15 th Additional Chief Judicial Magistrate, Vadodara in Criminal Case No.20192 of 2017 acquitting the accused for the offence punishable under Section 138 of the Negotiable Instrument Act.

2. Heard learned advocates appearing for the respective parties.

3. Mr. Jigar D. Dave, learned advocate for respondent no.2 has objected the grant of present application.

4. Rule. Mr.R. C. Kodekar, learned APP waives service of notice of Rule for the respondent-State. Mr. Jigar D. Dave, learned advocate waives service of notice of Rule for

R/CR.MA/17941/2020 ORDER DATED: 20/04/2022

respondent no.2.

5. 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.

6. Registry to register the appeal accordingly and place it before this Court within a period of four weeks.

(RAJENDRA M. SAREEN,J) ILA