Anwar Nuruddin Punjani ... vs Zhanzhi Fashion
2022 Latest Caselaw 7068 Guj

      R/CR.MA/11047/2022                                ORDER DATED: 05/08/2022




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/CRIMINAL MISC.APPLICATION NO. 11047 of 2022

                     In R/CRIMINAL APPEAL NO. 1182 of 2022

                                     With
                       R/CRIMINAL APPEAL NO. 1182 of 2022
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          ANWAR NURUDDIN PUNJANI PROPRIETOR OF TOP TOWN
                             Versus
                         ZHANZHI FASHION
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Appearance:
MR ASIFKHAN I PATHAN(2459) for the Applicant(s) No. 1
MS. JIRGA JHAVERI, APP for the Respondent(s) No. 3
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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. 49559 of 2019 by the learned 14th Additional Chief Judicial Magistrate Court, Surat dated 25.4.2022 recording acquittal of the Respondent Nos. 1 and 2 (Original Accused Nos. 1 and 2 respectively) under the Negotiable Instruments Act.

2. Heard learned Advocate Mr. Asifkhan I. Pathan 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/11047/2022 ORDER DATED: 05/08/2022

4. Learned Advocate Mr. Pathan 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. This court has also considered the contentions raised in the small paper-book, produced by the learned Advocate for the Applicant as per the order passed by this Court on 23.6.2022.

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 7(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 each of the Respondent Accused.

(A. C. JOSHI,J)

19 / J.N.W