Shaikh Jabiulla Allabaksh vs State Of Gujarat
2022 Latest Caselaw 7435 Guj

      R/CR.MA/15513/2022                                ORDER DATED: 26/08/2022




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/CRIMINAL MISC.APPLICATION NO. 15513 of 2022

                     In R/CRIMINAL APPEAL NO. 1653 of 2022
                                     With
                       R/CRIMINAL APPEAL NO. 1653 of 2022
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                           SHAIKH JABIULLA ALLABAKSH
                                     Versus
                               STATE OF GUJARAT
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Appearance:
MR. BK. RAJ(3794) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR. RONAK RAWAL, APP for the Respondent(s) No. 1
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     CORAM:HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI

                                Date : 26/08/2022

                                 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 Special Leave to Appeal challenging the impugned judgment and order passed in Criminal Case No. 351 of 2021 by the learned Additional Chief Judicial Magistrate, Dabhoi dated 26.6.2022 recording acquittal of the Respondent No. 2 (Original Accused No. 1) under the Negotiable Instruments Act.

2. Heard learned Advocate Mr. B.K.Raj for for the Applicant.

3. Rule. Learned APP Mr. Ronak Rawal appears and waives service of notice of Rule on behalf of the Respondent - State of Gujarat.

R/CR.MA/15513/2022 ORDER DATED: 26/08/2022

4. Learned Advocate Mr. Raj has vehemently and fervently argued that the reason recorded by the learned Judge in the order under Section 256 of the Code of Criminal Procedure are not proper in the eyes of law. Learned Advocate for the Applicant has further submitted the order of dismiss for default is not proper in the eyes of law. He has also submitted that pursuant to the copies of the Rojkam, initially, the Respondent - Original Complainant has remained present and the bailable warrant was also issued to the effect. It is submitted by the learned Advocate for the Applicant that the order under Section 256 of Cr.P.C. should not have been passed as the matter was listed on 26.6.2022 which was a Lok Adalat and despite that on the name of special sitting his case was dismissed on the ground of repeated absence of complainant.

5. This court has perused the 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 special leave to appeal as prayed for deserves to be granted and the present Criminal Misc. Application stands allowed. Prayer in terms of paragrapah 5(5.2) regarding leave to appeal is granted. Rule is made absolute.

Order in Criminal Appeal:

ADMITTED. Learned APP Mr. Ronak Rawal waives service of notice of admission on behalf of the Respondent - State.

Notice for final hearing returnable on 23.9.2022.

(A. C. JOSHI,J) 4 / J.N.W