Narendrabhai Ramniklal Shukla vs State Of Gujarat
2022 Latest Caselaw 8783 Guj

      R/CR.MA/2448/2020                                ORDER DATED: 04/10/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/CRIMINAL MISC.APPLICATION NO. 2448 of 2020

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                          NARENDRABHAI RAMNIKLAL SHUKLA
                                      Versus
                                STATE OF GUJARAT
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Appearance:
MR R D CHAUHAN(6865) for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2
MS. JIRGA JHAVERI, APP for the Respondent(s) No. 1
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     CORAM:HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI

                                  Date : 04/10/2022

                                   ORAL ORDER

1. The present Criminal Miscellaneous Application is filed by the Applicant (Original Complainant) under Section 378(4) of the Code of Criminal Procedure seeking Special Leave to Appeal challenging the impugned judgment and order passed in Criminal Case No. 1350 of 2017 by the learned Additional Chief Judicial Magistrate, Palitana dated 5.12.2019, recording acquittal of the Respondent Nos. 2 (Original Accused) under the Negotiable Instruments Act.

2. Heard learned Advocate Mr. R.D.Chauhan for the Applicant and learned APP Ms. Jirga Jhaveri for the Respondent - State of Gujarat. Though served, none has remained present on behalf of Respondent No.2 (Original Accused).

3. Rule. Learned APP Ms. Jirga Jhaveri appears and waives service of notice of Rule on behalf of the Respondent - State of Gujarat.

R/CR.MA/2448/2020 ORDER DATED: 04/10/2022

4. Learned Advocate Mr. R.D.Chauhan has vehemently and fervently argued that the reasons recorded by the learned Judge in the judgment are not proper in the eyes of law. Learned Advocate for the Applicant has also taken this Court to the different facts of the case.

5. This court has perused the judgment and order passed by the learned Judge and also considered the submissions advanced by the learned Advocate for the Applicant. The matter requires consideration. Therefore, the special leave to appeal as prayed for deserves to be granted and the present Criminal Misc. Application stands allowed. Prayer in terms of paragrapah 7(B) regarding leave to appeal is granted. Rule is made absolute.

(A. C. JOSHI,J) 61 / J.N.W