Jayantibhai Joitaram Patel vs State Of Gujarat
2023 Latest Caselaw 7535 Guj

                                                                                     NEUTRAL CITATION




   R/CR.MA/14727/2023                                  ORDER DATED: 11/10/2023

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        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 14727
                            of 2023
             In R/CRIMINAL APPEAL NO. 2316 of 2023
                             With
               R/CRIMINAL APPEAL NO. 2316 of 2023
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                        JAYANTIBHAI JOITARAM PATEL
                                  Versus
                            STATE OF GUJARAT
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Appearance:
MR RATHIN P RAVAL(5013) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3,4,5,6,7
MS DIVYANGNA JHALA, ADDL.PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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 CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
                  Date : 11/10/2023
                   ORAL ORDER

ORDER IN R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 14727 of 2023

1.This is an application preferred 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, passed by the learned 2nd

Additional Judicial Magistrate, Himmatnagar

dated 06.07.2023 in Criminal Case No.1688 OF

2014.

2.Learned advocate Mr.Rathin Raval appearing

for the applicant submits that the learned

trial Court had committed a grave error in

NEUTRAL CITATION

R/CR.MA/14727/2023 ORDER DATED: 11/10/2023

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acquitting the respondent-accused on the sole

ground that return memo does not indicate the

year as it is not a legible copy. Learned

advocate Mr.Raval further submits and relies

on the paper book, which is produced wherein

the computerized copy of the written memo was

part of the record and was exhibited below

Exhibit-27 wherein the date of written memo

mentioned as 14.02.2014. Learned advocate

further relies on the audited balance sheet

wherein also the debt is mentioned.

3.In view of above submissions, the application

seeking leave to prefer an appeal is allowed

and disposed of accordingly.

ORDER IN R/CRIMINAL APPEAL NO. 2316 of 2023

1.The appeal is admitted. Learned APP,

Ms.Divyangna Jhala waives service of notice

of admission on behalf of the respondent-

State.

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R/CR.MA/14727/2023 ORDER DATED: 11/10/2023

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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. List

the matter in seriatim.

(M. K. THAKKER,J) M.M.MIRZA