Shree Ram Transport Finance Co. ... vs State Of Gujarat
2022 Latest Caselaw 794 Guj

     R/CR.MA/9494/2021                            ORDER DATED: 25/01/2022




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL MISC. APPLICATION NO. 9494 of 2021
                      In
       R/CRIMINAL APPEAL NO. 770 of 2021
                     With
       R/CRIMINAL APPEAL NO. 770 of 2021
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    SHREE RAM TRANSPORT FINANCE CO. LIMITED
   THROUGH POA JAKHARIYA PRITESH MUKESHBHAI
                    Versus
               STATE OF GUJARAT
======================================
Appearance:
MR MANISH J PATEL(2131) for the Applicant(s) No. 1
MR. R. C. KODEKAR, APP (2) for the Respondent(s) No. 1
RULE SERVED(64) for the Respondent(s) No. 2
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 CORAM:HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

                           Date : 25/01/2022

                             ORAL ORDER

Order in Cri. Misc. Application :-

1. The present application under Section 378(4) of the Code of Criminal Procedure, 1978 has been preferred by the applicant-original complainant for leave to appeal to prefer an appeal challenging the impugned judgment and order dated 8th April, 2021 passed by the Chief Judicial Magistrate, JamKhambhaliya, District Devbhoomi Dwarka acquitting respondent no.2 in Criminal Case No.1246 of 2019.

2. The cause list shows that the rule is served upon the respondent no.2. However, nobody appeared on behalf of the respondent no.2 despite opportunity afforded.

R/CR.MA/9494/2021 ORDER DATED: 25/01/2022

3. Having heard Mr. Manish J. Patel for the applicant and Mr. Kodekar, learned APP for the respondent - State, leave to appeal is granted.

4. The present application stands disposed of. Rule is made absolute.

Order in Criminal Appeal :-

ADMIT. Mr. Kodekar, learned APP waives service of notice of admission on behalf of the respondent - State.

Bailable warrant be issued against the respondent no.2 original accused in the sum of Rs.5,000/- (Rupees Five Thousand only).

(RAJENDRA M. SAREEN, J.) AMAR RATHOD...