Partner Of Vikram Querry Workers ... vs State Of Gujarat
2023 Latest Caselaw 2194 Guj

    R/CR.MA/368/2022                                  ORDER DATED: 10/03/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 368 of 2022

                       In R/CRIMINAL APPEAL NO. 34 of 2022
                                      With
                        R/CRIMINAL APPEAL NO. 34 of 2022
================================================================
 PARTNER OF VIKRAM QUERRY WORKERS AMRATBHAI ISHWARBHAI
                         PATEL
                          Versus
                    STATE OF GUJARAT
================================================================
Appearance:
MR. YOGENDRA THAKORE(3975) for the Applicant(s) No. 1
MR.ADITYA J PANDYA(6991) for the Respondent(s) No. 2
MS. ASMITA PATEL, APP, for the Respondent(s) No. 1
===============================================================
 CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE

                                Date : 10/03/2023
                                 ORAL ORDER

[1] RULE. Learned Additional Public Prosecutor waives service of

notice of rule on behalf of the respondent-state.

[2] This application is for Special Leave to Appeal filed by the

applicant against the acquittal recorded vide judgment and order dated

23.07.2021 in Criminal Case No.503 of 2018 by the 2 nd Additional

Judicial Magistrate First Class, Chikhali. It is the case where the

cheque in question was issued in discharge of the liability arising out

of a compromise in previous round of litigation again under the

provisions of Negotiable Instrument Act being Criminal Case No.1113

of 2017 initiated by the applicant against two persons who claimed to

be in partnership with the present respondent accused and while the

R/CR.MA/368/2022 ORDER DATED: 10/03/2023

said case was compromised, the present cheque was issued to which

the respondent accused is a signatory. Learned advocate for the

applicant submitted that despite there being enforceable debt on

account of transaction under which subject matter of grit was made to

the respondent accused, the Court has disbelieved the case of the

applicant in this regard. Therefore, the case is made out for granting

leave to appeal.

[3] In view of the aforesaid, Special Leave to Appeal is granted.

Accordingly, present Criminal Misc. Application stands allowed. Rule is

made absolute accordingly.

===================================== ORDER IN CRIMINAL APPEAL

1. The Appeal is admitted.

2. Issue bailable warrant in the sum of Rs.5,000/- (Rupees Five

Thousand only) against the respondent- original accused.

(A.Y. KOGJE, J) SIDDHARTH