Shreeram Transport Finance Co. ... vs State Of Gujarat
2022 Latest Caselaw 709 Guj

     R/CR.MA/13106/2021                            ORDER DATED: 20/01/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 13106 of 2021

                    In R/CRIMINAL APPEAL NO. 1014 of 2021

                                    With
                      R/CRIMINAL APPEAL NO. 1014 of 2021
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 SHREERAM TRANSPORT FINANCE CO. LTD THRO MAHMMADJAVED
     MAHMMADSHAFI PATHAN THRU PRAVIN DASHRATHBHAI
                         Versus
                   STATE OF GUJARAT
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Appearance:
MR MANISH J PATEL(2131) for the Applicant(s) No. 1
MR DK CHAUDHARI(5361) 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 : 20/01/2022

                                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 dated 02.04.2021 passed in Criminal Appeal No.75 of 2012 by the learned 2 nd Additional Sessions Judge, Mahesana arising out of judgment and order dated 23.07.2012 passed by the learned 6 th Additional Chief Judicial Magistrate, Mahesana in Criminal Case No.11059 of 2009.

2. Heard, learned advocate Mr. Manish J. Patel for the

R/CR.MA/13106/2021 ORDER DATED: 20/01/2022

applicant, learned advocate Mr. D. K. Chudhary for respondent

- original accused and learned APP Mr. R. C. Kodekar for respondent - 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 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. D. K. Chaudhary waives service of notice of admission on behalf of respondent - original accused.

2. Issue bailable warrant in the sum of Rs.10,000/- (Rupees Ten Thousand only) against the respondent - original accused.

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