Gujarat Industrial Development ... vs M/S Toral Engineering Thro Ajit ...
2022 Latest Caselaw 9850 Guj

    R/CR.MA/4936/2020                             ORDER DATED: 07/12/2022




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/CRIMINAL MISC.APPLICATION NO. 4936 of 2020

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  GUJARAT INDUSTRIAL DEVELOPMENT CORPORATION THRO DIPTI
                          MARATHA
                           Versus
            M/S TORAL ENGINEERING THRO AJIT SHAH
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Appearance:
MR RD DAVE(264) for the Applicant(s) No. 1
MR ADIL R MIRZA(2488) for the Respondent(s) No. 1,2
MR.HARDIK MEHTA APP for the Respondent(s) No. 3
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 CORAM:HONOURABLE MS. JUSTICE GITA GOPI

                           Date : 07/12/2022

                            ORAL ORDER

Mr.R.D.Dave, learned advocate for the applicant

has submitted that complaint under Section 138 of

the N.I.Act was dismissed for default under Section

256 of the Criminal Procedure Code, which Mr.Dave

suggests that it is against the provision of law as

the complainant was represented by lawyer in the

Court and further relying upon the judgments of Meters Andinstruments Private Limited Vs. Kanchan

Mehta reported in (2018) 1 SCC 560, Associated Cement

Co. Ltd. Vs. Keshvanand reported in (1998) 1 SCC 687,

Ratanlal Gulabchand Gupta Vs. Shara Sev Gruh Udyog

R/CR.MA/4936/2020 ORDER DATED: 07/12/2022

Bhandar & Ors. Reported in (2001) 4 GLR, 2987 and

Jain Enamel Works Vs. State of Gujarat, reported in

2018 JX(Guj) 155. Mr.Dave submitted that the

learned Magistrate is not justified in dismissing the

matter and acquitting the accused, when as date of

the dismissal, advocate of the complainant was

present before the Court, who had sought

adjournment.

Considering the submissions and the averments

made in the application, leave to appeal is granted.

The application stands disposed of.

(GITA GOPI,J) Manoj