Citation : 2022 Latest Caselaw 353 Guj
Judgement Date : 11 January, 2022
R/CR.MA/6137/2021 ORDER DATED: 11/01/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 6137 of 2021
With
R/CRIMINAL APPEAL NO. 60 of 2022
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HDFC BANK LTD. THRO ANAND KAILASHCHANDRA CHOPRA THRU POA
HIMANSHU RAMCHANDRA KADIYA
Versus
STATE OF GUJARAT
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Appearance:
MR PM DAVE(263) for the Applicant(s) No. 1
HARSHADKUMAR D PANCHAL(9015) for the Respondent(s) No. 2
MR RC KODEKAR, ADDL PUBLIC PROSECUTOR(2) for the Respondent(s)
No. 1
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CORAM:HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN
Date : 11/01/2022
ORAL ORDER
Order in Criminal Misc. Application:
1. This is an application by the applicant - original complainant under Section 378(4) of the Code of Criminal Procedure, 1973, seeking leave of this Court to present an appeal against the judgment and order of acquittal, passed by the learned Additional Judicial Magistrate, Patan dated 10.02.2020 in Criminal Case No. 3667 of 2014.
2. Heard, learned advocate Mr. P. M. Dave for the applicant, Mr. Harshadkumar D. Panchal for the respondent No.2 and learned APP Mr. R. C. Kodekar for respondent - State and perused the impugned judgment and order of the trial Court.
R/CR.MA/6137/2021 ORDER DATED: 11/01/2022
3. Considering the avernments made in the application and submissions made by the learned advocates appearing for the respective parties, leave, as prayed for, is granted. This application is allowed. Rule is made absolute accordingly.
Order in Criminal Appeal:
1. The appeal is admitted. Learned APP waives service of notice of admission on behalf of respondent - State. Learned advocate Mr. Harshadkumar D. Panchal waives service of notice of admission on behalf of respondent - original accused.
2. Issue bailable warrant in the sum of Rs.5,000/- (Rupees Five Thousand only) against the respondent - original accused.
(RAJENDRA M. SAREEN,J) DRASHTI K. SHUKLA
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