Shaileshbhai Natvarlal Patel vs State Of Gujarat
2022 Latest Caselaw 4683 Guj

   R/CR.MA/4388/2022                             ORDER DATED: 04/05/2022




  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL MISC. APPLICATION NO. 4388 of 2022
                      In
       R/CRIMINAL APPEAL NO. 466 of 2022
                     With
       R/CRIMINAL APPEAL NO. 466 of 2022
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         SHAILESHBHAI NATVARLAL PATEL
                    Versus
               STATE OF GUJARAT
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Appearance:
MR.HEMANG H PARIKH(2628) for the Applicant(s) No. 1
MR YUNUS U MALEK(5343) for the Respondent(s) No. 2
MR. R. C. KODEKAR, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

                       Date : 04/05/2022

                          ORAL ORDER

Order in Criminal Misc. Application :-

Rule returnable forthwith. Mr. Champavat, learned advocate for Mr.Yunus Malek, learned advocate waives service of notice of rule on behalf of the respondent no.2. Mr. Kodekar, learned APP waives service of notice of rule on behalf of the respondent - State.

This is an application for leave to appeal filed under Section 378(4) of the Cr.P.C. challenging the judgment and order dated 29th December, 2021 passed by the 4 th Addl. Chief Judicial Magistrate, Anand in Criminal Case no.2756 of 2019, wherein the learned Magistrate was pleased to acquit the respondent accused from the offence punishable under

R/CR.MA/4388/2022 ORDER DATED: 04/05/2022

Section 138 of the Negotiable Instruments Act.

Heard Mr. Parikh, learned advocate for the applicant and Mr. H. B. Champavat, learned advocate for Mr. Yunus U. Malek, learned advocate for the respondent no.2.

Mr. Champavat, learned advocate has objected granting of this application and supported the judgment and order of the trial Court.

Considering the facts and circumstances of the case, submissions of the learned advocates for the respective parties and perusing the judgment and order of the trial Court, this Court is of the opinion that present application requires consideration and hence, the same is allowed. Leave as prayed for is granted. Rule made absolute.

Order in Criminal Appeal :-

Admit.

Mr. Champavat, learned advocate for Mr.Yunus Malek, learned advocate waives service of notice of admission on behalf of the respondent no.2. Mr. Kodekar, learned APP waives service of notice of admission on behalf of the respondent - State.

(RAJENDRA M. SAREEN, J.) AMAR RATHOD...