Manish Jagmohan Jariwala vs State Of Gujarat
2022 Latest Caselaw 7062 Guj

      R/CR.MA/19851/2021                                ORDER DATED: 05/08/2022




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/CRIMINAL MISC.APPLICATION NO. 19851 of 2021

                     In R/CRIMINAL APPEAL NO. 1642 of 2021

                                     With
                       R/CRIMINAL APPEAL NO. 1642 of 2021
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                           MANISH JAGMOHAN JARIWALA
                                     Versus
                               STATE OF GUJARAT
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Appearance:
MR. HJ KARATHIYA(7012) for the Applicant(s) No. 1
NOTICE UNSERVED 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 : 05/08/2022

                                  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 in Criminal Case No. 47662 of 2018 by the learned 19th Additional Chief Judicial Magistrate, Surat dated 29.9.2021 recording acquittal of the Respondent No. 2 (Original Accused) under the Negotiable Instruments Act.

2. Heard learned Advocate Mr. H.J.Karathiya for the Applicant and learned APP Ms. Jirga Jhaveri for the Respondent - State.

3. Rule. Learned APP Ms. Jirga Jhaveri appears and waives service of notice of Rule on behalf of the Respondent - State of Gujarat.

R/CR.MA/19851/2021 ORDER DATED: 05/08/2022

4. Learned Advocate Mr. Karathiya 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.

6. The matter requires consideration. Therefore, the special leave to appeal as prayed for deserves to be granted and the present Criminal Misc. Application stands allowed. Prayer in terms of paragrapah 17(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.

Bailable warrant in the sum of Rs.10000/- be issued against the Respondent / Original Accused.

The main matter is ordered to be listed on 15.9.2022.

(A. C. JOSHI,J)

39 / J.N.W