K.K.Builders Thro Pramodbhai ... vs State Of Gujarat
2022 Latest Caselaw 6607 Guj

      R/CR.MA/11739/2022                                ORDER DATED: 22/07/2022




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/CRIMINAL MISC.APPLICATION NO. 11739 of 2022

                     In R/CRIMINAL APPEAL NO. 1251 of 2022

                                     With
                       R/CRIMINAL APPEAL NO. 1251 of 2022
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           K.K.BUILDERS THRO PRAMODBHAI CHATURDAS PATEL
                                Versus
                          STATE OF GUJARAT
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Appearance:
MR BOMI H SETHNA(5864) 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 : 22/07/2022

                                  ORAL ORDER

Order in Criminal Miscellaneous Application:

1. The present Criminal Miscellaneous Application is filed by the Applicant (Original Complainant) under Section 378 of the Code of Criminal Procedure seeking Leave to Appeal challenging the impugned judgment and order passed in Criminal Case No. 3035 of 2018 by the learned 3 rd Additional Chief Judicial Magistrate, Ahmedabad (Rural) dated 19.5.2022 recording acquittal of the Respondent (Original Accused) under the Negotiable Instruments Act.

2. Heard learned Advocate Mr. Bomi H. Sethna 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/11739/2022 ORDER DATED: 22/07/2022

4. Learned Advocate Mr. Bomi H. Sethna has vehemently and fervently argued that the reasons recorded by the learned Judge in the impugned judgment and order 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 the learned Judge and also considered the submissions advanced 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. Prayer in terms of paragrapah 10(B) 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) 2 / J.N.W