Mercantile Co. Op. Credit Society ... vs State Of Gujarat
2022 Latest Caselaw 5901 Guj

   R/CR.MA/1595/2022                        ORDER DATED: 04/07/2022




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    R/CRIMINAL MISC. APPLICATION NO. 1595 of 2022

             In R/CRIMINAL APPEAL NO. 147 of 2022
                             With
              R/CRIMINAL APPEAL NO. 147 of 2022

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    MERCANTILE CO. OP. CREDIT SOCIETY LIMITED THROUGH
                  NARENDRASINH C. MAHIDA
                             Versus
                      STATE OF GUJARAT
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Appearance:
MR MA PAREKH(1088) for the Applicant(s) No. 1
MR.SUNIL B DAVE(9936) for the Applicant(s) No. 1
MR A. A. ZABUAWALA for MS. NAYNAVATI S JETHVA(10030) for
the Respondent(s) No. 2
MS JIRGA JHAVERI, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI

                       Date : 04/07/2022

                         ORAL ORDER

Order in Criminal Misc. Application No. 1595 of 2022:

Present application, under section 378(4) of the Code of Criminal Procedure, 1973 has been preferred by the applicant - original complainant for Leave to Appeal against the impugned judgment and order of acquittal dated 11.11.2021 passed by the learned Additional Chief Judicial Magistrate, Borsad in Criminal Case No. 2289 of 2004 acquitting the opponent No. 2 - original accused.

Heard, learned advocate Mr. M. A. Parekh with learned advocate Mr. Sunil Dave, for the applicant and learned advocate

R/CR.MA/1595/2022 ORDER DATED: 04/07/2022

Mr. A. A. Zabuawala for the opponent No. 2, who heavily opposed this application for leave to appeal and also perused the impugned judgment and order of acquittal and considering the same, it appears that the appeal deserves consideration. Hence, the present application is allowed and Leave to Appeal, as prayed for, is hereby granted.

Order in Criminal Appeal No. 147 of 2022:

The appeal is admitted. Learned advocate Mr. A. A. Zabuawala and learned APP Ms. Jhaveri waive service for the respective respondents.

[ A. C. Joshi, J. ] hiren /35