Gujarat Industrial Development ... vs R.R.Packaging Through Rajubhai ...
2022 Latest Caselaw 9867 Guj

    R/CR.MA/4932/2020                           ORDER DATED: 07/12/2022




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/CRIMINAL MISC.APPLICATION NO. 4932 of 2020

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 GUJARAT INDUSTRIAL DEVELOPMENT CORPORATION THRO DEEPTI
                          MARATHA
                           Versus
          R.R.PACKAGING THROUGH RAJUBHAI MEWADA
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Appearance:
MR RD DAVE(264) for the Applicant(s) No. 1
KRUPALI N BHATT(9455) 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/4932/2020 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