Mustafa Gulamrasul Vohra vs State Of Gujarat
2022 Latest Caselaw 6300 Guj

     R/CR.MA/12561/2019                            ORDER DATED: 14/07/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 12561 of 2019

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                          MUSTAFA GULAMRASUL VOHRA
                                    Versus
                              STATE OF GUJARAT
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Appearance:
MR P P MAJMUDAR(5284) for the Applicant(s) No. 1
MR AMRISH K PANDYA(3219) for the Respondent(s) No. 2
MS. JIRGA ZAVERI, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI

                               Date : 14/07/2022

                                ORAL ORDER

1. This application for leave to appeal is filed by the applicant challenging the judgment and order dated 22.5.2019 passed by the learned 14th Additional Chief Judicial Magistrate, Vadodara in Criminal Case No. 11361 of 2017 recording acquittal of the accused.

2. Heard learned advocate Mr. Suraj with learned advocate Mr. P.P. Mujmudar for the applicant, learned APP Ms. Jirga Zaveri for the respondent No. 1 and learned advocate Mr. Amrish Pandya for the respondent No. 2.

3. The Co - ordinate Bench has issued Notice.

4. Learned advocate for the applicant has placed reliance upon the judgment delivered by the Hon'ble Bombay High Court in case of Pragati Credit Co - Operative Society Ltd Vs. Suresh S/o. Shamrao Gode in Criminal Appeal No. 72 of 2013, wherein it is observed that the cheque issued for discharging liability for a time bared loan

R/CR.MA/12561/2019 ORDER DATED: 14/07/2022

would constitute a fresh promise and consequently liability under Section 138 of the N.I. Act in the event of dishonor of such cheque will have to be fastened on the defaulter.

5. In view of the above discussion and considering the averments made in the application and perusing the judgment and order dated 22.5.2019 passed by the learned 14 th Additional Chief Judicial Magistrate, Vadodara in Criminal Case No. 11361 of 2017, this matter requires consideration. Accordingly, leave to appeal is allowed and stands disposed of.

6. Registry to list main appeal as per seriatim accordingly.

(A. C. JOSHI,J) prk