Rajeshkumar Chhanabhai Patel vs Madhuben Rameshbhai Patel
2023 Latest Caselaw 1688 Guj

    R/CR.A/141/2023                             ORDER DATED: 20/02/2023




  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/CRIMINAL APPEAL NO. 141 of 2023

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       RAJESHKUMAR CHHANABHAI PATEL
                  Versus
    MADHUBEN RAMESHBHAI PATEL & 1 other(s)
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Appearance:
KUMAR H TRIVEDI(9364) for the Appellant(s) No. 1
NOTICE SERVED for the Opponent(s)/Respondent(s) No. 1
MS. ASHMITA V. PATEL, APP for the Opponent(s)/Respondent(s) No. 2
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CORAM: HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

                        Date : 20/02/2023

                          ORAL ORDER

Heard Mr. Kumar Trivedi, learned advocate for the appellant and Ms. Patel, learned APP for the respondent - State.

Though served, none appears for the respondent no.1. In this case appeal is filed challenging the judgment and order dated 29th January, 2020 passed in the Criminal Case no.151 of 2017 passed by the Principal Civil Judge & JMFC, Talod, wherein the learned Magistrate was pleased to acquit the original accused and also passed an order wherein 20% amount of the cheque i.e. Rs.1,90,000/- was ordered to be deposited as cost by the original complainant with the District Legal Services Authority.

Mr. Trivedi, learned advocate for the appellant submits

R/CR.A/141/2023 ORDER DATED: 20/02/2023

that the appellant is not challenging the order of acquittal in any manner and it is also submitted that while granting leave to appeal in Criminal Misc. Application no.3533 of 2020 vide order dated 13th December, 2022, the co-ordinate Bench of this Court has quashed and set aside the order of depositing 20% amount of the cheque i.e. Rs.1,90,000/- as cost by the original complainant with the District Legal Services Authority. It is submitted that as the present appellant has not challenged the acquittal of the accused, and impugned order which was under challenge qua depositing 20% of cheque amount i.e. Rs.1,90,000/- was quashed, the appeal is inadvertantly listed on board today, instead of disposed of. He therefore submitted not to proceed the appeal and necessary order be passed accordingly.

In view of above, this Court is of the opinion that vide order dated 13th December, 2022 as the co-ordinate Bench has quashed and set aside the impugned order of depositing 20% amount of the cheque i.e. Rs.1,90,000/- as cost by the original complainant with the District Legal Services Authority and the present appellant has not challenged the acquittal, nothing survives in the matter and this appeal stands disposed of accordingly without disturbing the order of acquittal.

(RAJENDRA M. SAREEN, J.) AMAR RATHOD...