Rakeshbhai Fulchandbhai Gautam vs State Of Gujarat
2024 Latest Caselaw 1509 Guj

Gujarat High Court

Rakeshbhai Fulchandbhai Gautam vs State Of Gujarat on 19 February, 2024

                                                                              NEUTRAL CITATION




     R/CR.MA/22216/2023                          ORDER DATED: 19/02/2024

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 22216
                            of 2023
              In R/CRIMINAL APPEAL NO. 85 of 2024
                             With
        R/CRIMINAL MISC.APPLICATION NO. 23236 of 2023
                                In
               R/CRIMINAL APPEAL NO. 86 of 2024
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                     RAKESHBHAI FULCHANDBHAI GAUTAM
                                  Versus
                         STATE OF GUJARAT & ORS.
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Appearance:
MR. PRERAK R BHATT(11381) for the Applicant(s) No. 1
MS BHAVNA V SHAH(11047) for the Respondent(s) No. 2,3,4,5
MS MONALI BHATT APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER

                             Date : 19/02/2024

                              ORAL ORDER

1. Learned advocate Mr.Vishwas Shah states at bar that he

filed vakalatnama for respondent Nos.2 to 4 however, he is

also having instructions to appear for the respondent No.5 as

well and during the course of the day, he would file

vakalatnama with the registry.

2. Registry is directed to accept the same.

3. This Court has passed the following order on 09.01.2024.

"Learned advocate, Mr.Prerak Bhatt, submits

NEUTRAL CITATION

R/CR.MA/22216/2023 ORDER DATED: 19/02/2024

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that while acquitting the respondent-accused and dismissing the matter, learned trial Court imposed the cost of Rs.25,000/- below Exh.34 by separate order dated 10th October, 2023. Learned advocate submits that he has instructions not to challenge the impugned judgment and order on merits on the ground that he may avail the appropriate remedy available under the law. Learned advocate further submits that so far as cost is concerned, learned trial Court imposed the cost without any ground by observing that though settlement was arrived at, instead of withdrawing the case, complainant had conducted the trial and wasted the time of the learned trial Court. Learned advocate further submits that it is true that settlement was arrived at, however, cheque, which was issued in the said settlement was also dishonored, therefore, the complainant filed another complaint before the learned trial Court. Learned advocate submits that it was not the case that amount has paid and complainant had proceeded further towards the complaint. However, as the cheque, which was given towards settlement was also dishonored, therefore, the complainant had not withdrawn the impugned case against the respondent- accused.

NEUTRAL CITATION

R/CR.MA/22216/2023 ORDER DATED: 19/02/2024

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In view of above submission, let 'Notice' be issued for the limited purpose of consideration of the case making it returnable on 22nd January, 2024.

In the meanwhile, impugned order dated 10th October, 2023 passed below Exh.34 is stayed."

4. As the appeals were not pressed on merits, therefore, the

impugned order below Exh.34 by which, the cost of Rs.25,000/-

was imposed vide separate order dated 10.10.2023, these

applications for seeking leave to prefer an appeal were granted

qua the aforesaid order.

5. In view of the above, the applications seeking leave to

prefer an appeal are allowed in the aforesaid terms.

(M. K. THAKKER,J) Hitesh