Shriram Transport Finance Co. ... vs State Of Gujarat
2022 Latest Caselaw 9240 Guj

      R/CR.MA/7683/2022                             ORDER DATED: 18/10/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/CRIMINAL MISC.APPLICATION NO. 7683 of 2022

                     In R/CRIMINAL APPEAL NO. 833 of 2022
                                     With
                       R/CRIMINAL APPEAL NO. 833 of 2022
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     SHRIRAM TRANSPORT FINANCE CO. LIMITED THRO JHAKHARIYA
                     PRITESH MUKESHBHAI
                            Versus
                      STATE OF GUJARAT
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Appearance:
MS. NAMRATA MULCHANDANI, ADVOCATE for MR MANISH J
PATEL(2131) for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2
MS. C.M.SHAH, APP for the Respondent(s) No. 1
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     CORAM:HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI

                               Date : 18/10/2022
                                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. 1543 of 2018 by the learned Chief Judicial Magistrate, Jam Khambhaliya, District Devbhoomi Dwarka, dated 29.3.2022 recording acquittal of the Respondent No. 2 (Original Accused) under the Negotiable Instruments Act.

2. Heard learned Advocate Ms. Namrata Mulchandani for the Applicant. Though served, none has remained present on behalf of Respondent No.2 / Original Accused.

      R/CR.MA/7683/2022                                    ORDER DATED: 18/10/2022




3.     Rule.      Learned APP Ms. C.M.Shah appears and waives service of

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

4. Learned Advocate Ms. Namrata Mulchandani 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 referred to the orders passed by this Court in Criminal Misc. Application No. 8379 of 2022 with Criminal Appeal No. 913 of 2022 dated 4.10.2022 and Criminal Misc. Application No. 15182 of 2022 with Criminal Appeal No. 1624 of 2022 dated 19.9.2022. She has submitted that both the matters which are filed by the same Applicant as in the present case, has been allowed by this Hon'ble Court. She has therefore submitted that the present Application seeking leave to appeal may be allowed. Learned Advocate for the Applicant has also drawn the attention of this Court to the Power of Attorney placed on record at page number 7 of the paper book regarding the powers given by Shriram Transport Finance Co. Limited in favour of Jhakhariya Pritesh Mukeshbhai, who is the complainant herein. 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(a) regarding leave to appeal is granted. Rule is made absolute.

Order in Criminal Appeal:

ADMITTED. Learned APP Ms. C.M.Shah waives service of notice of

R/CR.MA/7683/2022 ORDER DATED: 18/10/2022

admission on behalf of the Respondent - State.

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

(A. C. JOSHI,J)

60 / J.N.W