Vikas Sarafi Co-Operative ... vs State Of Gujarat
2022 Latest Caselaw 805 Guj

     R/CR.MA/10540/2021                          ORDER DATED: 25/01/2022




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL MISC. APPLICATION NO. 10540 of 2021
                         In
        R/CRIMINAL APPEAL NO. 833 of 2021
                        With
        R/CRIMINAL APPEAL NO. 833 of 2021
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    VIKAS SARAFI CO-OPERATIVE SOCIETY LTD. THRO
           JETHABHAI LAKHABHAI MAKWANA
                       Versus
                  STATE OF GUJARAT
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Appearance:
MR NISHANT LALAKIYA(5511) for the Applicant(s) No. 1
MS MEGHAVI J GAJJAR(11380) for the Respondent(s) No. 2
MR. R. C. KODEKAR, APP (2) for the Respondent(s) No. 1
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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 13th August, 2019 passed by the 2 nd Addl. Chief Judicial Magistrate, Rajkot acquitting respondent no.2 in Criminal Case No.8083 of 2010.

2. Rule returnable forthwith. Ms. Gajjar, learned advocate waives service of notice of rule on behalf of the respondent no.2 and Mr. Kodekar, learned APP waives service of notice of rule on behalf of the respondent - State.

R/CR.MA/10540/2021 ORDER DATED: 25/01/2022

3. Having heard Mr. Lalakiya for the applicant, Ms. Gajjar, learned advocate for respondent no.2 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. Ms. Gajjar, learned advocate waives service of notice of admission on behalf of the respondent no.2 and Mr. Kodekar, learned APP waives service of notice of admission on behalf of the respondent - State.

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