Citation : 2022 Latest Caselaw 6019 Guj
Judgement Date : 6 July, 2022
R/CR.MA/5474/2020 ORDER DATED: 06/07/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC. APPLICATION NO. 5474 of 2020
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ASPIRE HOME FINANCE CORPORATION LTD. THRO SATISHKUMAR
PRAVINBHAI TRAPASIYA
Versus
STATE OF GUJARAT
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Appearance:
MR BHAVIK R SAMANI(8339) for the Applicant(s) No. 1
MS. JIRGA ZAVERI, APP for the Respondent(s) No. 1
SERVED BY RPAD (R) for the Respondent(s) No. 2
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CORAM:HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI
Date : 06/07/2022
ORAL ORDER
1. Heard learned advocate Mr. Bhavik Samani for the applicant. Though duly served, the respondent No. 2 is not present.
2. This is an application filed by applicant for leave to appeal under Section 378(4) of the Criminal Procedure Code against the judgment and order dated 23.1.2020 passed by the learned Additional Chief Judicial Magistrate, Court No. 30, Ahmedabad in Criminal Case No. 37901 of 2018, whereby the learned Additional Chief Judicial Magistrate has acquitted the accused.
3. Learned advocate Mr. Bhavik Samani for the applicant submitted that due to change in the management, the learned advocate concerned could not remain present before the learned Magistrate and therefore, the learned Magistrate has dismissed the matter. He also urged to grant leave to appeal.
4. Considering the averments made in the application and argument advanced by the learned advocate for the applicant, this application for leave to appeal is granted.
(A. C. JOSHI,J) prk- 33
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