Ketankumar Prabhudas Patel vs State Of Gujarat
2022 Latest Caselaw 9005 Guj

      R/CR.MA/10516/2022                                ORDER DATED: 11/10/2022




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/CRIMINAL MISC.APPLICATION NO. 10516 of 2022

                     In R/CRIMINAL APPEAL NO. 1132 of 2022

                                     With
                       R/CRIMINAL APPEAL NO. 1132 of 2022
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                           KETANKUMAR PRABHUDAS PATEL
                                      Versus
                                STATE OF GUJARAT
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Appearance:
MR MANISH J PATEL(2131) for the Applicant(s) No. 1
MR RITESH B DAVE(2815) for the Applicant(s) No. 1
APURVA K JANI(7057) for the Respondent(s) No. 2
MR. L.B.DABHI, APP for the Respondent(s) No. 1
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     CORAM:HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI

                                 Date : 11/10/2022

                                  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. 1012 of 2019 by the learned Additional Chief Judicial Magistrate First Class, Bayad, District Aravalli, dated 9.5.2022 recording acquittal of the Respondent No. 2 (Original Accused) under the Negotiable Instruments Act.

2. Heard learned Advocate Mr. Manish J. Patel for the Applicant and learned Advocate Mr. Apurva K. Jani appearing on behalf of Respondent No2 / Original Accused.

      R/CR.MA/10516/2022                                    ORDER DATED: 11/10/2022




3.       Rule.     Learned APP Mr. L.B.Dabhi appears and waives service of

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

4. Learned Advocate Mr. Manish J. Patel for the Applicant 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 Advocates for the respective parties. 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(a) regarding leave to appeal is granted. Rule is made absolute.

Order in Criminal Appeal:

ADMITTED. Learned APP Mr. L.B.Dabhi waives service of notice of admission on behalf of the Respondent - State and learned Advocate Mr. Apurva K. Jani waives service of notice of Admission on behalf of Respondent No.2 / Original Accused.

(A. C. JOSHI,J)

34 / J.N.W