Dhirajlal Naranbhai Chauhan vs State Of Gujarat
2022 Latest Caselaw 6990 Guj

      R/CR.MA/4952/2022                               ORDER DATED: 04/08/2022



             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/CRIMINAL MISC.APPLICATION NO. 4952 of 2022

                     In R/CRIMINAL APPEAL NO. 534 of 2022
                                     With
                       R/CRIMINAL APPEAL NO. 534 of 2022
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                          DHIRAJLAL NARANBHAI CHAUHAN
                                      Versus
                                STATE OF GUJARAT
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Appearance:
MR ZUBIN F BHARDA(159) for the Applicant(s) No. 1
MR AJAY R MEHTA(453) for the Respondent(s) No. 2
MS. JIRGA JHAVERI, APP for the Respondent(s) No. 1
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     CORAM:HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI

                                 Date : 04/08/2022

                                  ORAL ORDER

Order in Criminal Miscellaneous Application:

1. The present Criminal Miscellaneous Application is filed by the Applicant (Original Complainant) under Section 378(4) of the Code of Criminal Procedure, seeking Leave to Appeal, challenging the impugned judgment and order passed by the learned 2 nd Additional Sessions Judge, Navsari in Criminal Appeal No.51 of 2018 dated 24.1.2022, whereby the learned 2nd Additional Sessions Judge, Navsari has quashed and set aside the judgment and order of conviction and sentence recorded by the learned Additional Chief Judicial Magistrate, Navsari, dated 18.8.2018, in Criminal Case No. 2873/2015 recording acquittal of the Respondent No. 2 (Original Accused) for the offence under the Negotiable Instruments Act.

2. Heard learned Advocate Mr. Zubin F. Bharda for the Applicant / Original Complainant, learned Advocate Mr. Ajay R. Mehta for Respondent No.2 - Original Accused and learned APP Ms. Jirga Jhaveri for the Respondent

R/CR.MA/4952/2022 ORDER DATED: 04/08/2022

- State of Gujarat.

3. The Coordinate Bench has issued Rule on 8.3.2022.

4. Learned Advocate Mr. Zubin F. Bharda has vehemently and fervently argued that the reasons recorded by the learned Judge in the judgment are not proper in the eyes of law. Learned Advocate for the Applicant has also taken this Court to the different facts of the case.

5. This court has perused the judgment and orders passed by the learned Judge and also considered the submissions advanced by the learned Advocate for the Applicant. The matter requires consideration. Therefore, the leave to appeal as prayed for deserves to be granted and the present Criminal Misc. Application stands allowed. Prayer in terms of paragraph 7(A) regarding leave to appeal is granted. Rule is made absolute.

Order in Criminal Appeal:

ADMITTED. Learned APP Ms. Jirga Jhaveri waives service of notice of admission on behalf of the Respondent - State and learned Advocate Mr. Ajay R. Mehta appears and waives service of notice of admission on behalf of Respondent No.2 - Original Accused.

Bailable warrant in the sum of Rs.5000/- be issued against the Respondent No.2 / Original Accused.

(A. C. JOSHI,J) 45 / J.N.W