Arvindbhai Parsottambhai Patel Thro ... vs Vijaysinh Mohansinh Rathod
2024 Latest Caselaw 7841 Guj

Gujarat High Court

Arvindbhai Parsottambhai Patel Thro ... vs Vijaysinh Mohansinh Rathod on 2 August, 2024

                                                                                    NEUTRAL CITATION




   R/CR.MA/16452/2023                                  ORDER DATED: 02/08/2024

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        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 16452
                            of 2023
             In R/CRIMINAL APPEAL NO. 1747 of 2024
                             With
               R/CRIMINAL APPEAL NO. 1747 of 2024
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 ARVINDBHAI PARSOTTAMBHAI PATEL THRO POA PRAVINCHANDRA KANTILAL
                                     PATEL
                                     Versus
                  VIJAYSINH MOHANSINH RATHOD & ANR.
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Appearance:
MR D V KANSARA(7498) for the Applicant(s) No. 1
MR R G DWIVEDI(6601) for the Applicant(s) No. 1
MR APURVA R KAPADIA(5012) for the Respondent(s) No. 1
MS ASHMITA PATEL, ADDL.PUBLIC PROSECUTOR for the Respondent(s) No. 2
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 CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
                       Date : 02/08/2024
                        ORAL ORDER

ORDER IN R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 16452 of 2023

1. Learned advocate Mr.Kansara submits that the judgment and order of acquittal was passed by the learned trial Court exercising the power under Section 256 of the Code of Criminal Procedure, 1973 by observing that the matter is settled between the parties and the pursis is filed by the respondent-accused below Exhibit 105 stating that towards full and final settlement amount of Rs.10 Lakh is paid to the complainant. Learned advocate Mr.Kansara draws the attention of this Court to the Exhibit 105, from where it is transpired that amount of Rs.10 Lakh is paid towards part payment and assurance was given that the remaining amount would be paid on or before end of the next month. Learned advocate Mr.Kansara submits that initially the amount involved in the criminal case is Rs.34 Lakh, subsequently the settlement arrived between the parties, two cheques having the total amount of Rs.31,11,111/- were issued in favour of

NEUTRAL CITATION

R/CR.MA/16452/2023 ORDER DATED: 02/08/2024

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the complainant, which were dishonored and as the complainant was under the hope that the matter would be settled, he did not remain present before the learned trial Court.

2. Learned advocate Mr.Kansara submits that chief examination and the cross examination were completed on 07.11.2019 and therefore, even if the complainant remained absent, the learned trial Court could have decided the case on merits by examining the evidence on record, however, the learned trial Court has dismissed the matter on technical ground and therefore, learned advocate Mr.Kansara has prayed to grant the leave to prefer an appeal.

3. Considering the submissions, this Court deems it fit to allow this application for seeking leave to prefer an appeal. Hence, present application is allowed. Leave to prefer an appeal is granted.

ORDER IN R/CRIMINAL APPEAL NO. 1747 of 2024

1. The appeal is admitted. Learned APP Ms.Ashmita Patel waives service of notice of admission on behalf of the respondent-State as well as learned advocate Mr.Kapadia waives service of notice of admission on behalf of the respondent No.1-accused.

2. Record and Proceedings shall be called for, on or before 20.08.2024. Matter be listed on 20.08.2024.

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