Gupta Hariombhai Gabdumal vs State Of Gujarat
2022 Latest Caselaw 4382 Guj

    R/CR.MA/3643/2021                               ORDER DATED: 25/04/2022




  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

  R/CRIMINAL MISC. APPLICATION NO. 3643 of 2021

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        GUPTA HARIOMBHAI GABDUMAL
                   Versus
             STATE OF GUJARAT
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Appearance:
MR HITESH V PATEL(6090) for the Applicant(s) No. 1
N P ZAVERI(7969) for the Respondent(s) No. 2
PUBLIC PROSECUTOR for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

                         Date : 25/04/2022

                           ORAL ORDER

Rule returnable forthwith. Mr. Kodekar, learned APP waives service of notice of rule on behalf of the respondent - State.

This is an application for leave to appeal filed under Section 378(4) of the Cr.P.C. challenging the judgment and order dated 2nd April, 2018 passed by the Judicial Magistrate First Class, Viramgam in Criminal Case no.1682 of 2013, wherein the learned Magistrate was pleased to acquit the respondent - accused from the offence punishable under Section 138 of the Negotiable Instruments Act.

Heard learned advocates for the respective parties.

Mr. Zaveri, learned advocate objected granting of leave to appeal application.

R/CR.MA/3643/2021 ORDER DATED: 25/04/2022

Considering the facts and circumstances of the case, I am of the opinion that the present application requires consideration and hence, the same is allowed. Leave as prayed for is granted. Rule made absolute.

Registry is directed to give number the appeal and place it before this Court on 10th June, 2022.

(RAJENDRA M. SAREEN, J.) AMAR RATHOD...