Dakshaba Indrajitsinh Raj vs State Of Gujarat
2023 Latest Caselaw 4415 Guj

   R/CR.MA/9659/2023                          ORDER DATED: 13/06/2023




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/CRIMINAL MISC.APPLICATION NO. 9659 of 2023
             In R/CRIMINAL APPEAL NO. 1260 of 2023
                             With
              R/CRIMINAL APPEAL NO. 1260 of 2023
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                       DAKSHABA INDRAJITSINH RAJ
                                Versus
                           STATE OF GUJARAT
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Appearance:
MR MANOJ SHRIMALI(2331) for the Applicant(s) No. 1
for the Respondent(s) No. 2
Ms. Monali Bhatt, Addl. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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 CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
                  Date : 13/06/2023
                    ORAL ORDER

1.0. Heard Mr. Manoj Shrimali, learned advocate for the applicant - original complainant and Ms. Monali Bhatt, learned Additional Public Prosecutor for the respondent State.

2.0. This application is filed under Section 378(4) of the Code of Criminal Procedure seeking leave against the judgment and order of acquittal dated 19.4.2023 passed by the learned 5 th Additional Chief Judicial Magistrate, Anand in Criminal Case No.6941 of 2020, whereby, the learned Judge has recorded acquittal of respondent no.2- original accused for the offence punishable under Section 138 of the Negotiable Instruments Act.

3.0. Heard learned advocate Mr. Shrimali for the applicant and learned Additional Public Prosecutor for the respondent - State and perused the impugned judgment and order of

R/CR.MA/9659/2023 ORDER DATED: 13/06/2023

acquittal and considering the same, it appears that the appeal deserves consideration. Hence, the present application is allowed and Leave to Appeal, as prayed for, is hereby granted.

Order in Criminal Appeal:

Appeal is admitted. Learned Additional Public Prosecutor waives service admission on behalf of respondent State. Issue bailable warrant in sum of Rs.10,000/- against the respondent no.2.

Registry is directed to call for the record and proceedings of the case from the concerned Court.

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