Harisinh Lakshmansinh Chauhan vs Chandubhai Bhikhabhai Bhanderi
2022 Latest Caselaw 4508 Guj

    R/CR.MA/898/2022                           ORDER DATED: 29/04/2022




  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

  R/CRIMINAL MISC. APPLICATION NO. 898 of 2022
                       In
  R/CRIMINAL MISC. APPLICATION NO. 897 of 2022
                      With
  R/CRIMINAL MISC.APPLICATION NO. 897 of 2022
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        HARISINH LAKSHMANSINH CHAUHAN
                     Versus
        CHANDUBHAI BHIKHABHAI BHANDERI
======================================
Appearance:
MR MONAL S CHAGLANI(10240) for the Applicant(s) No. 1
MR. R. C. KODEKAR, APP for the Respondent(s) No. 2
RULE SERVED for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

                       Date : 29/04/2022

                          ORAL ORDER

Order in Criminal Misc. Application no.898 of 2022

This is an application filed for condonation of delay of 254 days occurred in preferring the application for leave to appeal.

Heard Mr. Monal Chaglani, learned advocate for the applicant.

It appears that the rule is served upon the respondent no.1. However, nobody has appeared on behalf of the respondent no.1.

Considering the averments made in the application and submissions of the learned advocates for the respective

R/CR.MA/898/2022 ORDER DATED: 29/04/2022

parties, this Court is of the opinion that the delay occurred in preferring the application for leave to appeal is required to be condoned.

Hence, the present application is allowed. The delay of 254 days occurred in preferring the application for leave to appeal is hereby condoned. Rule made absolute.

Order in Criminal Misc. Application no.897 of 2022

This is an application for leave to appeal filed under Section 378(4) of Cr.P.C. challenging the judgment and order dated 10th April, 2019 passed by Chief Judicial Magistrate, Junagadh in Criminal Case no.307 of 2018, wherein learned Magistrate was pleased to acquit the respondent - accused from the offence punishable under Section 138 of the Negotiable Instruments Act.

Heard Mr. Monal Chaglani, learned advocate for the applicant.

Issue Notice returnable on 7th July, 2022. Mr. Kodekar, learned APP waives service of notice on behalf of the respondent - State.

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