Gujarat High Court
Piyushbhai Ambalalbhai Patel vs State Of Gujarat on 13 October, 2022
Bench: Ashokkumar C. Joshi
R/CR.MA/1929/2022 ORDER DATED: 13/10/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 1929 of 2022
In R/CRIMINAL APPEAL NO. 195 of 2022
With
R/CRIMINAL APPEAL NO. 195 of 2022
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PIYUSHBHAI AMBALALBHAI PATEL
Versus
STATE OF GUJARAT
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Appearance:
MR. R.C.JANI, ADVOCATE with MR. VISHRUT R JANI(6696) for the
Applicant(s) No. 1
PRATEEK S BHATIA(8629) for the Respondent(s) No. 2
MS. MAITHILI MEHTA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI
Date : 13/10/2022
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. 205 of 2013 by the learned
Chief Judicial Magistrate, Rajpipla, District Narmada, dated 5.8.2020 recording
acquittal of the Respondent No. 2 (Original Accused) under the Negotiable
Instruments Act.
2. Heard learned Advocate Mr. R.C.Jani for the Applicant. Learned
Advocate Mr. Jani has submitted that the Coordinate Bench vide order dated
19.1.2021 filed by the same accused person has Admitted the Appeal being
R/CR.MA/1929/2022 ORDER DATED: 13/10/2022
Criminal Appeal No. 1360 of 2020 for the same transactions between the same
parties but the cheques are different.
3. Rule. Learned APP Ms. Maithili Mehta appears and waives service of
notice of Rule on behalf of the Respondent - State of Gujarat.
4. Learned Advocate Mr. R.C.Jani 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 4(B)
regarding leave to appeal is granted. Rule is made absolute.
Order in Criminal Appeal:
ADMITTED. Learned APP Ms. Maithili Mehta waives service of
notice of admission on behalf of the Respondent - State.
Learned Advocate Mr. Prateek S. Bhatia waives service of notice of
Admission on behalf of Respondent No.2 / Original Accused.
(A. C. JOSHI,J)
58 / J.N.W
