Shivam Finance A Proprietorship ... vs Bhartendra Naranbhai Savani
2022 Latest Caselaw 929 Guj

      R/CR.MA/1599/2022                                      ORDER DATED: 28/01/2022




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL MISC.APPLICATION NO. 1599 of 2022
                       In
       R/CRIMINAL APPEAL NO. 150 of 2022
                      With
       R/CRIMINAL APPEAL NO. 150 of 2022
======================================
 SHIVAM FINANCE A PROPRIETORSHIP FIRM THRO ITS
   PROPRIETOR MUKESHKUMAR LAKSHMIDAS VAID
                     Versus
         BHARTENDRA NARANBHAI SAVANI
======================================
Appearance:
MR.NANDISH H THACKAR(7008) for the Applicant(s) No. 1
for the Respondent(s) No. 1
MR. R. C. KODEKAR, APP for the Respondent(s) No. 2
======================================

 CORAM:HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

                                  Date : 28/01/2022

                                    ORAL ORDER

Order in Criminal Misc. Application :-

1. Heard Mr. Nandish H. Thackar, learned advocate for the applicant.

2. Mr. Thackar, learned advocate has drawn the attention of this Court at the judgment and order passed by the 10 th Additional Chief Judicial Magistrate, Special Negotiable Court, Jamnagar on 19th July, 2021 and also placed reliance upon the judgment in case of Uttam Ram Vs. Devinder Singh Hudan and another reported in (2019) 10 SCC 287 and submitted that despite the settlement arrived at between the parties and subsequently cheque no.054679 of Rs.4,35,147/- dated 31st March, 2017 was dishonoured, the

R/CR.MA/1599/2022 ORDER DATED: 28/01/2022

same is not discussed properly by the learned trial Court and therefore, ex-facie it is error in the judgment to arrive acquittal of the accused.

3. This Court has gone through the judgment and order passed by the 10th Additional Chief Judicial Magistrate, Special Negotiable Court, Jamnagar on 19 th July, 2021 and also perused the averments made in the petition and also perused the judgment in case of Uttam Ram Vs. Devinder Singh Hudan and another. It is also submitted that in the cognate matters pertaining to the transaction between the parties mainly in Criminal Misc. Application no.21538 of 2021 in Criminal Appeal no.1868 of 2021, leave to appeal is allowed and appeal is admitted.

4. Therefore, matter requires consideration. Leave to appeal is granted.

Order in Criminal Appeal :-

Admit. Issue bailable warrant in the sum of Rs.5,000/- (Rupees Five Thousand only) qua respondent no.1. Mr. Kodekar, learned APP waives service of notice of rule on behalf of the respondent - State.

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