Khushi Enterprise Thro ... vs State Of Gujarat
2022 Latest Caselaw 6061 Guj

     R/CR.MA/5965/2022                                ORDER DATED: 07/07/2022




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 5965 of 2022

                    In R/CRIMINAL APPEAL NO. 624 of 2022

                                       With
                         R/CRIMINAL APPEAL NO. 624 of 2022
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     KHUSHI ENTERPRISE THRO BHARATBHAI SHIVPRASAD DAVE
                           Versus
                     STATE OF GUJARAT
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Appearance:
MR CHETAN K PANDYA(1973) for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2
PUBLIC PROSECUTOR for the Respondent(s) No. 1
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 CORAM:HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI

                                  Date : 07/07/2022

                                   ORAL ORDER

Order in Criminal Misc. Application

1. Present application under Section 378(4) of the Code of Criminal Procedure, 1973 has been preferred by the applicant for Leave to Appeal against the impugned judgment and order of acquittal dated 19.02.2022 passed by the learned Additional Chief Judicial Magistrate, Negotiable Instrument Act, Court No. 30, Ahmedabad in Criminal Case No. 44296 of 2018 acquitting the opponent herein - original accused.

2. Learned advocate Mr. Nabil Khan for Mr. Abrar Saiyed states that he has instructions to appear on behalf of respondent No.2.

3. Registry to accept his Vakalatnama and show the name

R/CR.MA/5965/2022 ORDER DATED: 07/07/2022

of learned advocate Mr. Abrar Saiyed as an advocate for respondent No.2.

4. Heard learned advocate Mr. Chetan Pandya for the applicant and learned Additional Public Prosecutor Ms. Jirga Jhaveri for the respondent - State and 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.

Oder in Criminal Appeal

The appeal is admitted.

(A. C. JOSHI,J) SALIM/32