Aminbhai Alarakhabhai Kaladiya vs Jujarbhai Fakruddinbhai Vohra ...
2022 Latest Caselaw 47 Guj

     R/CR.MA/22909/2021                         ORDER DATED: 03/01/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 22909 of 2021
                  In R/CRIMINAL APPEAL NO. 2023 of 2021
                                  With
                    R/CRIMINAL APPEAL NO. 2023 of 2021
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                AMINBHAI ALARAKHABHAI KALADIYA
                             Versus
      JUJARBHAI FAKRUDDINBHAI VOHRA PROPRIETOR OF ROYAL
                            TRADING
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Appearance:
C J GOGDA(7488) for the Applicant(s) No. 1
VIKAS V NAIR(7444) for the Applicant(s) No. 1
for the Respondent(s) No. 1
MR MANAN MEHTA, ADDL PUBLIC PROSECUTOR(2) for the
Respondent(s) No. 2
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 CORAM:HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

                            Date : 03/01/2022

                             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 Chief Judicial Magistrate, Halvad dated 17.11.2021 in Criminal Case No. 1071 of 2019.

2. Heard, learned advocate Mr. Vikas Nair for the applicant and perused the impugned judgment and order of the trial Court as also the copy of the statement of the respondent No. 1 - original accused, which is placed on record by the learned advocate for the applicant.

R/CR.MA/22909/2021 ORDER DATED: 03/01/2022

3. Issue Rule. Learned APP waives service of notice of rule on behalf of respondent - State.

4. Regard being had to the submissions made and considering the averments made in the application, 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 No. 1 - original accused.

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