Proprietor Of Himatnagar Nursery ... vs State Of Gujarat
2022 Latest Caselaw 6149 Guj

      R/CR.MA/7550/2022                                       ORDER DATED: 11/07/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/CRIMINAL MISC.APPLICATION NO. 7550 of 2022

                     In R/CRIMINAL APPEAL NO. 816 of 2022

                                        With
                          R/CRIMINAL APPEAL NO. 816 of 2022
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           PROPRIETOR OF HIMATNAGAR NURSERY GOVINDBHAI
                      RAMESHCHANDRA RAJPUT
                               Versus
                         STATE OF GUJARAT
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Appearance:
MR RATHIN P RAVAL(5013) for the Applicant(s) No. 1
NOTICE SERVED 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 : 11/07/2022

                                    ORAL ORDER

1. None is appeared for and on behalf of the respondent No.2,

though notice served.

2. The present Criminal Miscellaneous Application is filed by the

applicant under Section 378(4) of the Code of Criminal Procedure

seeking leave to appeal challenging the impugned judgment and

order dated 25.02.2022 passed in Criminal Case No. 428 of 2018 by

the learned 4th Additional Judicial Magistrate, Himmatnagar

recording the acquittal under the Negotiable Instruments Act.

3. Heard learned advocate Mr. Rathin Raval for the applicant and

learned APP Ms. Jirga Jhaveri for the respondent - State.

R/CR.MA/7550/2022 ORDER DATED: 11/07/2022

4. Perused the impugned judgment and order dated 25.02.2022

passed in Criminal Case No. 428 of 2018 by the learned 4th

Additional Judicial Magistrate, Himmatnagar and considering the

averments made in the application and considering the submissions

made by the learned advocate for the applicant, the matter requires

consideration. Therefore, the leave to appeal as prayed for deserves

to be granted and the present Criminal Misc. Application stands

allowed and disposed of accordingly.

ORDER IN CRIMINAL APPEAL NO. 816 of 2022

1. This appeal is admitted.

2. Issue Bailable Warrant in sum of Rs.10,000/- against the

respondent -original accused.

(A. C. JOSHI,J) SUYASH /37