Chandraprakash Narayanprasad ... vs Dipakbhai Navinchandra ...
2022 Latest Caselaw 5384 Guj

     R/CR.MA/10077/2022                                  ORDER DATED: 22/06/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 10077 of 2022

                    In R/CRIMINAL APPEAL NO. 1085 of 2022

                                    With
                      R/CRIMINAL APPEAL NO. 1085 of 2022
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 CHANDRAPRAKASH NARAYANPRASAD AGARWAL DIRECTOR OF M/S
              SHREE MANGLESHWAR TEXTILE
                          Versus
           DIPAKBHAI NAVINCHANDRA ZANKHRULA
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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 : 22/06/2022

                                 ORAL ORDER

Order in Criminal Misc. Application

1. Present application under Section 378(3) of the Code of Criminal Procedure, 1973 has been preferred by the applicant for Leave to Appeal against the impugned judgment and order of acquittal dated 31.01.2022 passed by the learned 11 th Additional Sessions Judge, Surat in Criminal Appeal No. 387 of 2019 acquitting the opponent herein - original accused.

2. Heard learned advocate Mr. Hardik Dave for the applicant and learned Additional Public Prosecutor Ms. Jirga Jhaveri for the respondent - State.

3. Considering the order passed by the learned 8 th

R/CR.MA/10077/2022 ORDER DATED: 22/06/2022

Additional Chief Judicial Magistrate, Surat dated 09.08.2019, wherein the learned Magistrate has convicted the accused. Subsequently, the learned 11th Additional Sessions Judge, Surat has reversed the conviction and acquitted mainly on the few grounds, the matter requires consideration. Hence, the present application is allowed and Leave to Appeal, as prayed for, is hereby granted.

Oder in Criminal Appeal

The appeal is admitted. Learned Additional Public Prosecutor Ms. Jirga Jhaveri waives service of notice of admission on behalf of respondent - State.

Issue bailable warrant of Rs. 10,000/- against private respondent.

(A. C. JOSHI,J) SALIM/13