Kailashben Mulchandbhai Amin vs State Of Gujarat
2022 Latest Caselaw 4376 Guj

    R/CR.MA/2601/2022                                    ORDER DATED: 25/04/2022




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/CRIMINAL MISC.APPLICATION NO. 2601 of 2022

                   In R/CRIMINAL APPEAL NO. 276 of 2022

                                      With
                        R/CRIMINAL APPEAL NO. 276 of 2022
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                        KAILASHBEN MULCHANDBHAI AMIN
                                    Versus
                              STATE OF GUJARAT
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Appearance:
MR Y J PATEL(3985) for the Applicant(s) No. 1
A S TIMBALIA(7372) for the Respondent(s) No. 2
R.C. Kodekarfor, APP the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

                                 Date : 25/04/2022

                                  ORAL ORDER

Order in Criminal Misc. Application

Rule returnable forthwith. Learned APP Mr. R.C. Kodekar waives for service of notice of Rule on behalf of respondent-State.

This is an application for leave to appeal filed under Section 378(4) of Criminal Procedure Code, 1973 challenging the judgment and order dated 01.10.2021 passed by the 18th Additional Chief Judicial Magistrate, Surat in Criminal Case No. 41513 of 2015, wherein learned Magistrate was pleased to acquit the respondent-accused from the offence punishable under Section 138 of the

R/CR.MA/2601/2022 ORDER DATED: 25/04/2022

Negotiable Instruments Act, 1881.

Heard learned advocate Ms. Narayani Bhatt on behalf of learned Advocate Mr. Y.J. Patel for the applicant.

Learned Advocate Mr. A.S. Timbalia for the Respondent No. 2 has objected the application.

Having heard the submission of both the sides, perusing the judgment and order of the Trial Court, the issue requires consideration as such leave to appeal under Section 378(4) is granted.

Application is allowed. The rule is made absolute.

Order in Criminal Appeal

Admit

Learned Advocate Mr. A.S. Timbalia waives service of notice of admission.

Mr. R.C. Kodekar, learned APP waives service of notice of admission.

(RAJENDRA M. SAREEN,J) MANISH MISHRA