Arbuda Co-Operative Credit ... vs State Of Gujarat
2022 Latest Caselaw 4684 Guj

    R/CR.MA/2120/2022                               ORDER DATED: 04/05/2022




  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

  R/CRIMINAL MISC. APPLICATION NO. 2120 of 2022
                        In
        R/CRIMINAL APPEAL NO. 217 of 2022
                       With
        R/CRIMINAL APPEAL NO. 217 of 2022
======================================
 ARBUDA CO-OPERATIVE CREDIT SOCIETY LTD C/O KHETI
    BANK HOUSE THRO JAGDISHBHAI HARISANGBHAI
                   CHAUDHARI
                      Versus
                STATE OF GUJARAT
======================================
Appearance:
MR DK CHAUDHARI(5361) for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2
MR. R. C. KODEKAR, APP for the Respondent(s) No. 1
======================================

 CORAM:HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

                        Date : 04/05/2022

                           ORAL ORDER

Order in Criminal Misc. Application :-

Rule returnable forthwith. 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 2nd January, 2020 passed by the 3 rd Addl. Chief Judicial Magistrate, Mehsana in Criminal Case no.4280 of 2013, wherein the learned Magistrate was pleased to acquit the respondent accused from the offence punishable under Section 138 of the Negotiable Instruments Act.

R/CR.MA/2120/2022 ORDER DATED: 04/05/2022

Heard Mr. Chaudhari, learned advocate for the applicant.

Notice is served upon the respondent no.2. However, nobody has appeared on behalf of the respondent no.2, though opportunity was granted.

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. Kodekar, learned APP waives service of notice of admission behalf of the respondent no.1.

Issue bailable warrant in the sum of Rs.5,000/- (Rupees Five Thousand only) qua the respondent no.2.

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