Kamleshbhai Polabhai Gorasiya vs Manidhar Scrap Partnership Firm
2024 Latest Caselaw 4647 Guj

Gujarat High Court

Kamleshbhai Polabhai Gorasiya vs Manidhar Scrap Partnership Firm on 12 June, 2024

                                                                            NEUTRAL CITATION




     R/CR.MA/4375/2024                         ORDER DATED: 12/06/2024

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        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                         4375 of 2024
       In F/CRIMINAL MISC.APPLICATION NO. 30288 of 2023
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                   KAMLESHBHAI POLABHAI GORASIYA
                               Versus
               MANIDHAR SCRAP PARTNERSHIP FIRM & ORS.
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Appearance:
CHETAN S VITHLAPARA(8893) for the Applicant(s) No. 1
MR JAY MEHTA, ADDL.PUBLIC PROSECUTOR for the Respondent(s) No. 3
RULE SERVED for the Respondent(s) No. 1,2
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  CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
                   Date : 12/06/2024
                    ORAL ORDER

1. This is an application filed by the applicant under Section 5 of the Limitation Act for condonation of delay of 18 days occurred in filing the application for seeking leave to prefer an appeal against the judgment and order of acquittal dated 16.05.2023 passed by the learned 6 th Additional Chief Judicial Magistrate, Rajkot in Criminal Case No.12355 of 2018.

2. Considering the explanation offered in the application as well as considering the length of delay i.e. 18 days occurred in preferring the application for seeking leave to appeal to prefer an appeal, this Court deems it fit to allow this application.

3. Hence, this application is allowed. Delay of 18 days occurred in preferring the application for seeking leave to prefer an appeal is condoned. Rule is made absolute accordingly.

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