Yasmin Chicken Shop Thro ... vs State Of Gujarat
2023 Latest Caselaw 7693 Guj

                                                                               NEUTRAL CITATION




     R/CR.MA/18500/2023                          ORDER DATED: 17/10/2023

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 18500
                           of 2023
                              In
              R/CRIMINAL APPEAL NO. 2357 of 2023
                            With
              R/CRIMINAL APPEAL NO. 2357 of 2023
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     YASMIN CHICKEN SHOP THRO YASMINBANU MOINNUDIN PATHAN
                             Versus
                       STATE OF GUJARAT
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Appearance:
MR.KIRIT R CHAUDHARI(3745) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3
MS. DIVYAGNA JHALA, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER

                           Date : 17/10/2023

                            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, passed by the learned 19 th Additional Chief Judicial Magistrate, Vadodara dated 28.8.2023 in Criminal Case No. 39674 of 2021.

2. Heard, learned advocates appearing for respective parties and perused the impugned judgment and order of the trial Court.

3. Mr. Kirit R.Chaudhary, learned Advocate for the applicant submits that though the issuance of cheque and the signature

NEUTRAL CITATION

R/CR.MA/18500/2023 ORDER DATED: 17/10/2023

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was not disputed by the respondent-accused, the probable defence with regard to the cheque that some relative of the complainant who was working with the accused had misused the cheque was neither prove nor believed by the learned trial Court. But, at the end learned trial Court had acquitted the respondent-accused on the ground that there is different entity with regard to O.M.G. Gymnasio and Ministry of Grill. Though, the aforesaid aspect was neither disputed nor proved by the respondent-accused on whose shoulder the burden is shifted under Section 139 of the Negotiation Instruction Act. Learned trial Court has acquitted the respondent-accused. This Court finds that this case requires consideration.

4. Considering the avernments made in the application and submissions made by the learned advocates appearing for the 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.

Order in Criminal Appeal:

1. 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.

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R/CR.MA/18500/2023 ORDER DATED: 17/10/2023

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4. List this matter in seria tim.

(M. K. THAKKER,J) BEENA SHAH