Shankarlal Bherumal Shewani vs State Of Gujarat
2022 Latest Caselaw 6483 Guj

      R/CR.MA/13173/2022                                ORDER DATED: 20/07/2022




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/CRIMINAL MISC.APPLICATION NO. 13173 of 2022

                     In R/CRIMINAL APPEAL NO. 1422 of 2022

                                     With
                       R/CRIMINAL APPEAL NO. 1422 of 2022
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                           SHANKARLAL BHERUMAL SHEWANI
                                       Versus
                                 STATE OF GUJARAT
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Appearance:
MR RAJESH K KANANI(2157) for the Applicant(s) No. 1
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 : 20/07/2022

                                   ORAL ORDER

Order in Criminal Miscellaneous Application:

1. The present Criminal Miscellaneous Application is filed by the Applicant (Original Complainant) under Section 378(4) of the Code of Criminal Procedure seeking Special Leave to Appeal challenging the impugned judgment and order passed in Criminal Appeal No. 31 of 2019 by the learned Additional Sessions Judge, City Civil Court, Ahmedabad dated 17.5.2022 recording acquittal of the Respondent No. 2 (Original Accused) for the offence under the Negotiable Instruments Act.

2. Heard learned Advocate Mr. Rajesh K. Kanani for the Applicant.

3. Rule. Learned APP Ms. Jirga Jhaveri appears and waives service of notice of Rule on behalf of the Respondent - State of Gujarat.

R/CR.MA/13173/2022 ORDER DATED: 20/07/2022

4. Learned Advocate Mr. Rajesh K. Kanani has vehemently and fervently argued that the reasons recorded by the learned Judge in the judgment are not proper in the eyes of law. Learned Advocate for the Applicant has also taken this Court to the different facts of the case.

5. This court has perused the judgment and order passed by in Criminal Appeal No. 31 of 2019 by the learned Additional Sessions Judge, City Civil Court, Ahmedabad dated 17.5.2022 and also considered the submissions advanced by the learned Advocate for the Applicant. The matter requires consideration. Therefore, the special leave to appeal as prayed for deserves to be granted and the present Criminal Misc. Application stands allowed. Prayer in terms of paragrapah 7(a) regarding leave to appeal is granted. Rule is made absolute.

Order in Criminal Appeal:

ADMITTED. Learned APP Ms. Jirga Jhaveri waives service of notice of admission on behalf of the Respondent - State.

Bailable warrant in the sum of Rs.10000/- be issued against the Respondent / Original Accused.

(A. C. JOSHI,J)

9 / J.N.W