Divyesh Kantilal Reshamwala ... vs Snehal Shashikant Kapadiya
2022 Latest Caselaw 6151 Guj

     R/CR.MA/12478/2022                            ORDER DATED: 11/07/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 12478 of 2022

                                    With
                      R/CRIMINAL APPEAL NO. 1341 of 2022
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DIVYESH KANTILAL RESHAMWALA PROPRIETOR OF D.K.ENTERPRISE
                         Versus
               SNEHAL SHASHIKANT KAPADIYA
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Appearance:
MR HARDIK A DAVE(3764) for the Applicant(s) No. 1
for the Respondent(s) No. 1
MS JIRGA JHAVERI, APP for the Respondent(s) No. 2
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 CORAM:HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI

                               Date : 11/07/2022

                                ORAL ORDER

ORDER IN CRIMINAL MISC. APPLICATION NO. 12478 of 2022

1. Rule. Learned APP Ms. Jirga Jhaveri appears and waives

service of notice of Rule on behalf of the respondent No. 2 - State.

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 4.1.2020 passed in Criminal Case No. 30841 of 2018 by

the learned 9th Additional Chief Judicial Magistrate, Surat recording

the acquittal under the Negotiable Instruments Act.

3. Heard learned advocate Mr. Hardik Dave for the applicant and

learned APP Ms. Jirga Jhaveri for the respondent No. 2 - State.

R/CR.MA/12478/2022 ORDER DATED: 11/07/2022

4. Perused the impugned judgment and order dated 4.1.2020

passed in Criminal Case No. 30841 of 2018 by the learned 9th

Additional Chief Judicial Magistrate, Surat 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. Rule is made absolute.

ORDER IN CRIMINAL APPEAL NO. 1341 of 2022

1. This appeal is admitted.

2. Issue Bailable Warrant in sum of Rs.5,000/- against the

respondent -original accused.

(A. C. JOSHI,J) SUYASH /PR-1