Gujarat High Court
Dhirajlal Naranbhai Chauhan vs State Of Gujarat on 4 August, 2022
Bench: Ashokkumar C. Joshi
R/CR.MA/4903/2022 ORDER DATED: 04/08/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 4903 of 2022
In R/CRIMINAL APPEAL NO. 529 of 2022
With
R/CRIMINAL APPEAL NO. 529 of 2022
==========================================================
DHIRAJLAL NARANBHAI CHAUHAN
Versus
STATE OF GUJARAT
==========================================================
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
==========================================================
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.53 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. 3098/2015 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/4903/2022 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)
44 / J.N.W
