Mahendrabhai Sukhrambhai Patel vs Patel Jayendra Shivabhai
2022 Latest Caselaw 8218 Guj

      R/CR.MA/10141/2022                              ORDER DATED: 20/09/2022




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/CRIMINAL MISC.APPLICATION NO. 10141 of 2022

                     In R/CRIMINAL APPEAL NO. 1099 of 2022

                                     With
                       R/CRIMINAL APPEAL NO. 1099 of 2022
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                      MAHENDRABHAI SUKHRAMBHAI PATEL
                                   Versus
                         PATEL JAYENDRA SHIVABHAI
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Appearance:
MR PREM D DAVE(10958) for the Applicant(s) No. 1
A R ROCKEY(7592) for the Respondent(s) No. 1
MR. HARDEEP L MAHIDA(7112) for the Respondent(s) No. 1
MR. RONAK RAVAL, APP for the Respondent(s) No. 2
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     CORAM:HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI

                                Date : 20/09/2022

                                 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 Leave to Appeal challenging the impugned judgment and order passed in Criminal Case No. 139 of 2020 [Old Case No. 1161 of 2016] by the learned Principal Civil Judge & J.M.F.C., Harij, District Patan, dated 2.5.2022, recording acquittal of the Respondent No.1 (Original Accused) for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881.

2. Heard learned Advocate Mr. Prem D. Dave for the Applicant, learned Advocate Mr. Hardeep L. Mahida for Respondent No.1 and learned APP Mr.

R/CR.MA/10141/2022 ORDER DATED: 20/09/2022

Ronak Raval for the Respondent - State of Gujarat.

3. Rule. Learned Advocate Mr. Hardeep L. Mahida waives service of notice of Rule on behalf of Respondent No.1 and learned APP Mr. Ronak Raval waives service of notice of Rule on behalf of the Respondent - State of Gujarat.

4. Learned Advocate 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. He 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.

6. The matter requires consideration. Therefore, the leave to appeal as prayed for deserves to be granted and the present Criminal Misc. Application stands allowed. Prayer in terms of paragrapah 9(A) regarding leave to appeal is granted. Rule is made absolute.

Order in Criminal Appeal:

ADMITTED.

Learned Advocate Mr. Hardeep L. Mahida waives service of notice of admission on behalf of Respondent No.1 and learned APP Mr. Ronak Raval waives service of notice of admission on behalf of the Respondent - State of Gujarat.

(A. C. JOSHI,J) 63 / J.N.W