Hiteshbhai Labhubhai Kukadiya vs Ashokbhai Dhanjibhai Vekariya
2022 Latest Caselaw 1847 Guj

   R/CR.MA/12086/2021                                   ORDER DATED: 16/02/2022




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/CRIMINAL MISC.APPLICATION NO. 12086 of 2021

                   In R/CRIMINAL APPEAL NO. 940 of 2021

                                      With
                        R/CRIMINAL APPEAL NO. 940 of 2021
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                        HITESHBHAI LABHUBHAI KUKADIYA
                                    Versus
                        ASHOKBHAI DHANJIBHAI VEKARIYA
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Appearance:
ANKIT N MEHTA(7302) for the Applicant(s) No. 1
MR. HARDIK B KORADIYA(9955) for the Applicant(s) No. 1
MS MEGHA JANI(1028) for the Respondent(s) No. 1,2
PUBLIC PROSECUTOR for the Respondent(s) No. 3
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 CORAM:HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

                                 Date : 16/02/2022

                                  ORAL ORDER

Order in Criminal Misc. Application

Heard learned advocate Mr. Ankit N. Mehta for the applicant and learned advocate Ms. Megha Jani on behalf of respondent Nos.1 and 2.

Learned advocate Ms. Jani has taken this Court to the various observations of the trial Court in a judgment dated 04.02.2021 and has opposed the admission of this appeal. However, considering the submissions made by learned advocate Mr. Ankit Shah, it seems that there is an arguable case in favour of the applicant.

R/CR.MA/12086/2021 ORDER DATED: 16/02/2022

As per the submissions of learned advocate Ms. Jani, respondent No.2 has nothing to do with the present case as she has not signed cheque, nor she was party to the transactions, as alleged by the complainant. As such this Court is not convinced for admission of the appeal qua respondent No.2. Therefore, leave to appeal qua respondent No.2 stands dismissed.

However, for rest of the respondents, leave to appeal is granted. Rule is made absolute accordingly.

Order in Criminal Appeal

Appeal is admitted. Learned advocate Ms. Megha Jani waives service of notice of admission on behalf of respondent No.1. Learned APP Mr. R. C. Kodekar waives service of notice of admission on behalf of respondent - State.

(RAJENDRA M. SAREEN,J) DRASHTI K. SHUKLA