Sanjaykumar Dilsukhray ... vs Penguin Crop Science
2023 Latest Caselaw 2285 Guj

   R/CR.MA/4797/2023                                ORDER DATED: 15/03/2023




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 4797 of 2023
                                 With
                   R/CRIMINAL APPEAL NO. 588 of 2023
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               SANJAYKUMAR DILSUKHRAY DHANIDARIYA
                              Versus
                      PENGUIN CROP SCIENCE
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Appearance:
MR PREMAL S RACHH(3297) for the Applicant(s) No. 1
MR.H.K.PATEL, APP, for the Respondent(s) No. 3
for the Respondent(s) No. 1,2
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 CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE

                            Date : 15/03/2023
                             ORAL ORDER

1. RULE. Learned Additional Public Prosecutor waives service of

notice of rule on behalf of the respondent-state.

2. This application is filed by the applicant for Special Leave to

Appeal against the judgment and order dated 09.02.2021 by the

10th Additional Chief Judicial Magistrate, Special Negotiable Court

Jamanagar in Criminal Case No.1254 of 2014. By the impugned

judgment and order, the respondent-accused was acquitted of the

offense punishable under Section 138 of the Negotiable Instrument

Act.

3. At the outset, learned advocate for the applicant has relied upon

the order dated 11.11.2022 by this Court in Criminal Misc.

Application No.14208 of 2022 and submitted that against the same

R/CR.MA/4797/2023 ORDER DATED: 15/03/2023

accused, in another complaint under the same offense, the Court

has already granted leave to appeal.

4. In view of the aforesaid, case is made out for grant of Special

Leave to Appeal to prefer an appeal against the impugned

judgment and order. Accordingly, present Criminal Misc.

Application stands allowed. Rule is made absolute accordingly.

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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