Balkrushna Tribhovandas ... vs Mayur Kubhani
2023 Latest Caselaw 1719 Guj

   R/CR.MA/20144/2021                            ORDER DATED: 20/02/2023




  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL MISC. APPLICATION NO. 20144 of 2021
                       In
       R/CRIMINAL APPEAL NO. 1696 of 2021
                      With
       R/CRIMINAL APPEAL NO. 1696 of 2021
======================================
       BALKRUSHNA TRIBHOVANDAS PRAJAPATI
                     Versus
                MAYUR KUBHANI
======================================
Appearance:
MR RT VAGHELA(3444) for the Applicant(s) No. 1
RAFIK LOKHANDWALA(5590) for the Applicant(s) No. 1
TAHIR S SAIYED(8983) for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 1
MS. ASHMITA PATEL, APP for the Respondent(s) No. 2
======================================

CORAM: HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

                        Date : 20/02/2023

                          ORAL ORDER

Order in Criminal Misc. Application :-

It appears from the record that the notice is served upon the respondent no.1, but nobody appears on behalf of the respondent no.1 till today.

Rule returnable forthwith. Ms. Patel, learned APP waives service of notice of rule on behalf of the respondent - State.

By way of the present application under Section 378 (4) of the Code of Criminal Procedure, 1973, the applicant -

R/CR.MA/20144/2021 ORDER DATED: 20/02/2023

original complainant has prayed to grant leave to appeal against the judgment and order of acquittal passed by learned 5th Additional Chief Judicial Magistrate, Anand in Criminal Case No.4997 of 2015.

I have heard learned advocates appearing for the respective parties and perused the impugned judgment of the learned Trial Court. Considering the facts and circumstances of the case, I am of the opinion that the present application requires consideration and hence, the same is allowed. Leave as prayed for is granted. Rule made absolute.

Order in Criminal Appeal :-

Admit. Ms. Patel, learned APP waives service of notice of admission on behalf of the respondent - State.

Bailable Warrant in the sum of Rs.10,000/- (Rupees Ten Thousand only) be issued against the respondent - accused.

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