Hemeshkumar Shaileshkumar Patel vs Purvi Bakery Throuh Pravinbhai ...
2022 Latest Caselaw 608 Guj

     R/CR.MA/13272/2021                            ORDER DATED: 18/01/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 13272 of 2021

                    In R/CRIMINAL APPEAL NO. 1029 of 2021

                                    With
                      R/CRIMINAL APPEAL NO. 1029 of 2021
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                HEMESHKUMAR SHAILESHKUMAR PATEL
                              Versus
           PURVI BAKERY THROUH PRAVINBHAI UKABHAI PATEL
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Appearance:
MR CJ VIN(978) for the Applicant(s) No. 1
MR MD MODI(1318) for the Respondent(s) No. 1,2,3,4
MS MOXA THAKKAR APP (2) for the Respondent(s) No. 5
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 CORAM:HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

                               Date : 18/01/2022

                                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 Judicial Magistrate, First Class, (Municipal Court), Surat in FSSA Case No.572 of 2013.

2. Heard, learned advocate Mr. C.J. Vin for the applicant, Mr. M.D. Modi, learned advocate for the respondent No.1 to 4 and Ms.Moxa Thakkar, learned APP for the respondent No.5 - State and perused the impugned judgment and order of the trial Court.

3. Considering the avernments made in the application and submissions made by the learned advocates appearing

R/CR.MA/13272/2021 ORDER DATED: 18/01/2022

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. Mr. M.D. Modi, learned advocate waives service of notice of admission on behalf of respondent No.1 to 4 and Ms.Moxa Thakkar, learned APP waives service of notice of admission on behalf of the respondent No.5 - State

(RAJENDRA M. SAREEN,J) R.H. PARMAR