Sangrambhai Bhagubhai Bharwad vs State Of Gujarat
2022 Latest Caselaw 10349 Guj

     R/CR.MA/8795/2019                                    ORDER DATED: 23/12/2022




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 8795 of 2019

==========================================================
                     SANGRAMBHAI BHAGUBHAI BHARWAD
                                 Versus
                           STATE OF GUJARAT
==========================================================
Appearance:
MR. MH SHEKHAWAT(7194) for the Applicant(s) No. 1
ADITYA R GUNDECHA(8869) for the Respondent(s) No. 2
MR PRANAV TRIVEDI, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MS. JUSTICE GITA GOPI

                                 Date : 23/12/2022

                                  ORAL ORDER

1. Heard Mr. Shekhawat, learned advocate for the applicant, Mr. Pranav Trivedi, learned APP for the respondent-State and Mr. Gundecha, learned advocate for the respondent no.2.

2. Mr. Shekhawat submits that the challenge is to the judgment and order of acquittal passed on 31.8.2018 by the learned Additional Chief Metropolitan Magistrate, N.I. Act Court no.29, Ahmedabad in Criminal Case no.48707 of 2017. Mr. Shekhawat submits that though the evidence was produced on record, just

R/CR.MA/8795/2019 ORDER DATED: 23/12/2022

because an application was moved by the accused to close the stage of complainant's evidence and as the order passed on the same application was to discard the evidence of the complainant, the learned Trial Court Judge, after dealing with the matter on merits and ultimately observing the fact of the oral evidence of the complainant being discarded, answered all the issues raised in negative and acquitted the accused. Mr. Shekhawat submits that the learned Judge has not followed the directions issued by the Hon'ble Supreme Court in the case of Indian Bank Association Vs. Union of India, reported in (2014) 5 SCC

590.

3. Considering the submissions made, leave to appeal is GRANTED.

4. Let the appeal be listed for hearing in the 2nd week of January, 2023.

(GITA GOPI,J) Maulik