Kalpesh Ramanlal Thakkar vs State Of Gujarat
2022 Latest Caselaw 8861 Guj

      R/CR.MA/7883/2022                                ORDER DATED: 06/10/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/CRIMINAL MISC.APPLICATION NO. 7883 of 2022

                     In R/CRIMINAL APPEAL NO. 864 of 2022

                                        With
                          R/CRIMINAL APPEAL NO. 864 of 2022
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                            KALPESH RAMANLAL THAKKAR
                                      Versus
                                STATE OF GUJARAT
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Appearance:
MS MONIKA K THAKKAR(12055) for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2,3
MS. JIRGA JHAVERI, APP for the Respondent(s) No. 1
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     CORAM:HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI

                                   Date : 06/10/2022

                                    ORAL ORDER

Order in Criminal Miscellaneous Application:

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. 13362 of 2016 by the learned 26th Additional Chief Judicial Magistrate, Vadodara dated 18.2.2022 recording acquittal of the Respondent Nos. 2 and 3 (Original Accused) under the Negotiable Instruments Act.

2. Heard learned Advocate Ms. Monika K. Thakkar for the Applicant. Though served, none has remained present on behalf of Respondent Nos.2 and 3- Original Accused.

       R/CR.MA/7883/2022                                 ORDER DATED: 06/10/2022




3.       Rule.    Learned APP Ms. Jirga Jhaveri appears and waives service of

notice of Rule on behalf of the Respondent - State of Gujarat.

4. Learned Advocate Ms. Monika K. Thakkar 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 5(B) regarding leave to appeal is granted. Rule is made absolute.

Order in Criminal Appeal:

ADMITTED. Learned APP Ms. Jirga Jhaveri waives service of notice of admission on behalf of the Respondent - State.

Bailable warrant in the sum of Rs. 10000/- be issued against the Respondents Accused.

(A. C. JOSHI,J)

66 / J.N.W