Truptiben Shankarbhai Patel vs State Of Gujarat
2023 Latest Caselaw 8257 Guj

Gujarat High Court

Truptiben Shankarbhai Patel vs State Of Gujarat on 28 November, 2023

                                                                                NEUTRAL CITATION




     R/CR.MA/20829/2023                            ORDER DATED: 28/11/2023

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 20829
                          of 2023

                    In R/CRIMINAL APPEAL NO. 2618 of 2023

                                    With
                      R/CRIMINAL APPEAL NO. 2618 of 2023
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                          TRUPTIBEN SHANKARBHAI PATEL
                                      Versus
                                STATE OF GUJARAT
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Appearance:
MR RAXIT J DHOLAKIA(3709) for the Applicant(s) No. 1
PRIYANK A TRIVEDI(9061) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS VRUNDA C SHAH, APP PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER

                               Date : 28/11/2023

                                 ORAL ORDER

ORDER IN CRIMINAL MISC. APPLICATION:

1. This is an application by the applicant - original

complainant under Section 378(4) of the Code of Criminal

Procedure, 1973, seeking leave of this Court to present an

appeal against the judgment and order of acquittal dated

13.10.2023 passed by the learned Chief Judicial Magistrate,

Surendranagar in Criminal Case No.322 of 2021.

NEUTRAL CITATION

R/CR.MA/20829/2023 ORDER DATED: 28/11/2023

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2. Heard, learned advocates appearing for respective

parties and perused the impugned judgment and order of the

trial Court.

3. Learned advocate Mr. Raxit Dholakia for the applicant

submits that the learned trial Court had committed grave

error on facts in observing that in the impugned complaint,

the amount is mentioned as Rs.2,00,000/-, however, the

notice, which was produced below Exh.17, the amount is

stated to have been mentioned as Rs.6,00,000/-. Learned

advocate has drawn attention of this Court and produced the

copy of the demand notice, which was produced at Exh.17,

wherein it is transpired that for the three different cheques,

the consolidated demand notice was issued, wherein, against

each cheque number, the amount of Rs.2,00,000/- is

mentioned, however, at the end, it is demand of Rs.6,00,000/-

was issued.

4. Considering the avernments made in the application and

submissions made by the learned advocates appearing for the

NEUTRAL CITATION

R/CR.MA/20829/2023 ORDER DATED: 28/11/2023

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respective parties, this Court finds that there is some

arguable case in favour of the applicant, therefore, leave, as

prayed for, is granted. This application is allowed. The

certified copy of notice at Exh.17 is ordered to be taken on

record.

ORDER IN CRIMINAL APPEAL:

1. The appeal is admitted. Learned APP waives service of

notice of admission on behalf of respondent - State.

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

Five Thousand only) against the respondent - original

accused.

3. Record and proceedings be called for from the

concerned court. Registry is directed to list the Criminal

Appeal in seriatim.

(M. K. THAKKER,J) A. B. VAGHELA