Zuzurbhai Ibrahimbhai Mastar vs State Of Gujarat
2022 Latest Caselaw 6998 Guj

      R/CR.MA/12994/2021                              ORDER DATED: 04/08/2022




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/CRIMINAL MISC.APPLICATION NO. 12994 of 2021

                     In R/CRIMINAL APPEAL NO. 1005 of 2021
                                     With
                       R/CRIMINAL APPEAL NO. 1005 of 2021
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                           ZUZURBHAI IBRAHIMBHAI MASTAR
                                       Versus
                                STATE OF GUJARAT
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Appearance:
JAY J JANI(9303) for the Applicant(s) No. 1
HIRENKUMAR R VARMA(8738) for the Respondent(s) No. 2
MR DR RAY(6148) 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 Judicial Magistrate First Class, Viramgam, in Criminal Case No. 1618 of 2019 dated 3.5.2021, recording acquittal of the Respondent No. 2 (Original Accused) for the offence under the Negotiable Instruments Act.

2. Heard learned Advocate Mr. Jay J. Jani for the Applicant / Original Complainant, learned Advocate Mr. D.R.Ray for Respondent No.2 - Original Accused and learned APP Ms. Jirga Jhaveri for the Respondent - State of Gujarat.

R/CR.MA/12994/2021 ORDER DATED: 04/08/2022

3. The Coordinate Bench has issued Rule on28.7.2021.

4. Learned Advocate Mr. Jay J. Jani 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 order 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 5(B) 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. D.R.Ray 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) 55 / J.N.W