Balkrushna Ravjibhai Patel vs State Of Gujarat
2022 Latest Caselaw 4598 Guj

      R/CR.MA/1903/2021                                ORDER DATED: 02/05/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/CRIMINAL MISC.APPLICATION NO. 1903 of 2021

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                          BALKRUSHNA RAVJIBHAI PATEL
                                     Versus
                               STATE OF GUJARAT
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Appearance:
MR P P MAJMUDAR(5284) for the Applicant(s) No. 1
MR HRIDAY BUCH(2372) for the Respondent(s) No. 2
MR RC KODEKAR, ADDL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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 CORAM:HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

                                 Date : 02/05/2022

                                  ORAL ORDER

1. Rule. Learned APP waives service of notice of rule on behalf of respondent - State. Learned advocate Mr. Pinak Rayani waives service of notice of rule on behalf of respondent No.2

2. This is an application by the applicant - original complainant under Section 378(4) of the Code of Criminal Procedure, 1973, seeking leave of this Court to present an appeal against the judgment and order of acquittal, passed by the learned Sessions Judge, Anand dated 02.01.2021 in Criminal Appeal No.206 of 2018. Such Criminal Appeal was filed challenging the order of conviction passed by the learned 5th Additional Chief Judicial Magistrate, Anand in Criminal Case No.1211 of 2016, whereby learned Magistrate was pleased to convict the respondent - accused for the offence punishable under Section 138 of the Negotiable Instruments Act.

R/CR.MA/1903/2021 ORDER DATED: 02/05/2022

3. Heard, learned advocate Mr. P. P. Majmudar for the applicant, Mr. Pinak Rayani for learned advocate Mr. Hriday Buch for respondent No.2 and learned APP Mr. R. C. Kodekar for respondent - State and perused the impugned judgment and order of the trial Court. Learned advocate Mr. Rayani has object the grant of leave and supported the order of the Sessions Court in the appeal. Whereas, learned advocate Mr.Majmudar has submitted that order passed by the Sessions Court is contrary to the view taken by the learned Magistrate, wherein, the order of conviction has been passed.

4. Considering the avernments made in the application and submissions made by the learned advocates appearing for the respective parties, leave, as prayed for, is granted. This application is allowed. Rule is made absolute accordingly.

5. Registry to number and list the main appeal for admission within four weeks.

(RAJENDRA M. SAREEN,J) DRASHTI K. SHUKLA