Mohmmad Iqbal Najirhussain ... vs Ashwinbhai Jayantilal Patel
2023 Latest Caselaw 2752 Guj

      R/CR.MA/23830/2022                                          ORDER DATED: 03/04/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/CRIMINAL MISC.APPLICATION NO. 23830 of 2022
                In R/CRIMINAL APPEAL NO. 2574 of 2022
                                With
                 R/CRIMINAL APPEAL NO. 2574 of 2022
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                  MOHMMAD IQBAL NAJIRHUSSAIN SHEIKH
                               Versus
                     ASHWINBHAI JAYANTILAL PATEL
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Appearance:
DUSHYANT M BHATT(7266) for the Applicant(s) No. 1
PRANAV U DHAGAT(9042) for the Applicant(s) No. 1
Mr. Bhargav Pandya, Addl. PUBLIC PROSECUTOR                                         for     the
Respondent(s) No. 2
RULE NOT RECD BACK for the Respondent(s) No. 1
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 CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
                  Date : 03/04/2023
                    ORAL ORDER

Heard Mr. Shailesh Desai, learned advocate for the applicant, Mr. Maulin Pandya, learned advocate for the respondent no.1- original complainant and Mr. Bhargav Pandya, learned Additional Public Prosecutor for the respondent State.

This application is filed seeking application for leave to appeal to challenge the impugned judgment and order dated 7.7.2022 passed by the learned 2nd Additional Chief Judicial Magistrate, Nadiad in Criminal Case No.1253 of 2020. By the said judgment and order, the learned Magistrate has acquitted the respondent no.1 - original accused for the offence punishable under Section 138 of the Negotiable Instruments Act.

Considering the submissions made by the learned

R/CR.MA/23830/2022 ORDER DATED: 03/04/2023

advocates for the respective parties and having perused the impugned judgment and order of acquittal, prima facie, this Court is of the view that the matter requires consideration. Hence, the present application is allowed and Leave to Appeal, as prayed for, is hereby granted. Present application stands disposed of accordingly.

Order in Criminal Appeal:

Appeal is admitted. Mr. Maulin Pandya, learned advocate waives service of notice of admission on behalf of respondent no.1 and Mr. Pandya, learned Additional Public Prosecutor waives service of notice of admission on behalf of the respondent no.2. Registry is directed to notify Criminal Appeal for hearing on 1st May, 2023. Registry is directed to call for the record and proceedings of the case from the concerned Court so as to reach this Court on or before 1.5.2023.

(NISHA M. THAKORE,J) KAUSHIK J. RATHOD