Mukeshsinh Sumetsinh Parmar Lh Of ... vs Amrutlal Shyamalbhai Patel
2022 Latest Caselaw 4781 Guj

     R/CR.MA/1561/2022                                ORDER DATED: 05/05/2022




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 1561 of 2022

                    In R/CRIMINAL APPEAL NO. 140 of 2022

                                       With
                         R/CRIMINAL APPEAL NO. 140 of 2022
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     MUKESHSINH SUMETSINH PARMAR LH OF DECD. SUMETSINH
                   SHANKARSINH PARMAR
                           Versus
                AMRUTLAL SHYAMALBHAI PATEL
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Appearance:
HL PATEL ADVOCATES(2034) for the Applicant(s) No. 1
MR RC KOEDKAR APP for the Respondent(s) No. 2
RULE SERVED for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

                                  Date : 05/05/2022

                                   ORAL ORDER

Order in Criminal Misc. Application:

1. 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 Principal Civil Judge and J.M.F.C., Talod dated 28.10.2021 in Criminal Case No. 91 of 2017, whereby the learned Judge was pleased to acquit the respondent accused for the offence punishable under section 138 of the Negotiable Instruments Act.

2. Heard, learned advocate Mr. Darshan Dave for the applicant and learned APP Mr. R.C. Kodekar for respondent

- State and perused the impugned judgment and order of the trial Court.

R/CR.MA/1561/2022 ORDER DATED: 05/05/2022

3. The respondent No.1 - accused is served, and though opportunity was granted and matter is adjourned today, nobody has appeared on behalf of the respondent accused. Thus, there is no opposition to the present application.

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.

Order in Criminal Appeal:

1. The appeal is admitted. Mr.R.C. Kodekar, learned APP waives service of notice of admission on behalf of the respondent No.2.

2. Issue bailable warrant in the sum of Rs.5,000/- (Rupees Five Thousand only) against the respondent No.1 - original accused.

(RAJENDRA M. SAREEN,J) R.H. PARMAR..