Manojkumar Shankarlal Patel vs State Of Gujarat
2023 Latest Caselaw 2288 Guj

   R/CR.MA/4221/2023                               ORDER DATED: 15/03/2023




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/CRIMINAL MISC.APPLICATION NO. 4221 of 2023

                  In R/CRIMINAL APPEAL NO. 477 of 2023
                                  With
                    R/CRIMINAL APPEAL NO. 477 of 2023
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                       MANOJKUMAR SHANKARLAL PATEL
                                  Versus
                            STATE OF GUJARAT
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Appearance:
MR. KIRTAN H. MISTRY, ADVOCATE for MS SACHI H BAROT(13081) for
the Applicant(s) No. 1
MS. ASMITA PATEL, APP, for the Respondent(s) No. 1
 for the Respondent(s) No. 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 21.01.2023 by the 4 th

Additional Sessions Judge, Mehsana in Criminal Appeal No.103 of

2022. By the impugned judgment and order, the Sessions Court has

set aside the judgment and order of conviction recorded by the 6 th

Additional Chief Judicial Magistrate, Mehsana vide its judgment

and order dated 04.04.2022 in Criminal Case No.3728 of 2021.

R/CR.MA/4221/2023 ORDER DATED: 15/03/2023

3. Learned Advocate for the applicant has submitted that though the

applicant was successful in establishing beyond doubt with regard

to legally enforceable debt yet only on the ground of the defense

taken by the respondent-accused that immediately after the

transaction of rent for which cheque was issued, there was a filing

of an FIR and therefore, it was unlikely that such a cheque could

have been issued in favour of the present applicant.

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