Royal Star Refrigeration Thro ... vs State Of Gujarat
2022 Latest Caselaw 9341 Guj

       R/CR.A/1512/2022                                    ORDER DATED: 20/10/2022




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                          R/CRIMINAL APPEAL NO. 1512 of 2022

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     ROYAL STAR REFRIGERATION THRO PANJVANI RAHIL IKBALBHAI
                             Versus
                       STATE OF GUJARAT
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Appearance:
MR SS SAIYED(3690) for the Appellant(s) No. 1
NOTICE SERVED BY DS for the Opponent(s)/Respondent(s) No. 2
MS. JIRGA JHAVERI, APP for the Opponent(s)/Respondent(s) No. 1
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     CORAM:HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI

                                   Date : 20/10/2022

                                    ORAL ORDER

1. The Respondent No.2 - Satish Manilal Panchal [Proprietor of Nascent Enterprise] is personally present before this Court. He states that he does not want to engage any Advocate and he is ready if appropriate order may be passed by this Hon'ble Court.

2. Learned Advocate Mr. S.S.Saiyed for the Appellant urged that the Original Complainant had remained absent only for a single day and on that basis the matter was dismissed for default by the 7th Additional Civil Judge and Judicial Magistrate, FC, Ahmedabad vide judgment and order dated 11.4.2022 passed in Criminal Case No. 3836 of 2018 for the offence under Section 138 of the Negotiable Instruments Act.

3. In view of the statement made by the Respondent No.2 / Original Accused and learned Advocate Mr. S.S.Saiyed for the Appellant and also perusing the averments made in the memo of Appeal, without going into any merits of the matter and when the learned Advocate for the Appellant has not invited any detailed order, the present

R/CR.A/1512/2022 ORDER DATED: 20/10/2022

Appeal is allowed. The judgment and order passed by the learned 7 th Additional Civil Judge and Judicial Magistrate FC, Ahmedabad dated 11.4.2022 is quashed and set aside. The matter is ordered to be remanded back to the Court of learned 7 th Additional Civil Judge and Judicial Magistrate FC, Ahmedabad for deciding the matter afresh.

4. Direct service is permitted.

(A. C. JOSHI,J) 106 / J.N.W