Infinity Info Pvt. Ltd Thro ... vs Ronak Chandulal Chotaliya
2022 Latest Caselaw 417 Guj

     R/CR.MA/12727/2021                         ORDER DATED: 12/01/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 12727 of 2021

                  In R/CRIMINAL APPEAL NO. 987 of 2021
                                  With
                    R/CRIMINAL APPEAL NO. 987 of 2021
                                  With
            R/CRIMINAL REVISION APPLICATION NO. 400 of 2021
==========================================================
         INFINITY INFO PVT. LTD THRO BHAVESHBHAI DHIRAJLAL
                             GADHETHARIYA
                                 Versus
                     RONAK CHANDULAL CHOTALIYA
==========================================================
Appearance:
APURVA K JANI(7057) for the Applicant(s) No. 1
MR RC KODEKAR, ADDL PUBLIC PROSECUTOR(2) for the Respondent(s)
No. 2
RULE SERVED(64) for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

                            Date : 12/01/2022

                             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 12th Additional Chief Judicial Magistrate, Rajkot dated 10.03.2021 in Criminal Case No. 4436 of 2018.

2. Heard, learned advocate Mr. Apurva K. Jani for the applicant and learned APP Mr. R. C. Kodekar for respondent - State and perused the impugned judgment and order of the trial Court. Though served, none appears for respondent No.1.

R/CR.MA/12727/2021 ORDER DATED: 12/01/2022

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.

2. Issue bailable warrant in the sum of Rs.5,000/- (Rupees Five Thousand only) against the respondent - original accused.

Order in Criminal Revision Application:

Notice returnable on 17.02.2022.

Learned APP waives service of notice on behalf of respondent - State.

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