Mukesh Premji Patel vs Ghanshyam Mahadev Varomra
2022 Latest Caselaw 8789 Guj

     R/CR.MA/18267/2022                             ORDER DATED: 04/10/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC. APPLICATION NO. 18267 of 2022
                  In R/CRIMINAL APPEAL NO. 1964 of 2022
                                  With
                    R/CRIMINAL APPEAL NO. 1964 of 2022
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                              MUKESH PREMJI PATEL
                                    Versus
                          GHANSHYAM MAHADEV VAROMRA
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Appearance:
MR AR THACKER(888) for the Applicant(s) No. 1
SHIVANG A THACKER(7424) for the Applicant(s) No. 1
for the Respondent(s) No. 1
MS. JIRGA JHAVERI, APP for the Respondent(s) No. 2
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 CORAM:HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI

                                Date : 04/10/2022

                                 ORAL ORDER

Order in Criminal Misc. Application:

1. This application is filed for leave to appeal under Section 378(4) of the Criminal Procedure Code against the judgment and order dated 15.06.2022 passed by the learned Additional Chief Judicial Magistrate (Special Negotiable Instruments Act) Kachchh at nakhatrana in Criminal Case No. 465 of 2019.

2. Heard learned advocate Mr. Shivang Thacker for the applicant.

3. Rule. Learned APP Ms. Jirga Jhaveri for the respondent No. 2- State waives service of rule.

4. Having regard to the submissions made by the learned advocate fro the applicant and considering the averments made in the application and also perused the judgment and order dated

R/CR.MA/18267/2022 ORDER DATED: 04/10/2022

15.06.2022 passed by the learned Additional Judicial Magistrate (Special Negotiable Instruments Act) Kachchh at nakhatrana in Criminal Case No. 465 of 2019, it appears that the matter requires consideration.

5. Draft is allowed in terms of amendment. The same be carried out forthwith.

6. This application for leave to appeal is granted. Rule is made absolute.

Order in Criminal Appeal

1. Appeal is admitted.

2. Issue Notice of admission, making it returnable on 12.12.2022. Learned APP Ms. Jirga Jhaveri waives service of notice of admission for the respondent - State.

(A. C. JOSHI,J) prk