Gujarat High Court
The Narmada Khand Udyog Sahkari Mandli ... vs State Of Gujarat on 19 June, 2024
NEUTRAL CITATION
R/CR.MA/9915/2024 ORDER DATED: 19/06/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 9915 of
2024
In R/CRIMINAL APPEAL NO. 1284 of 2024
With
R/CRIMINAL APPEAL NO. 1284 of 2024
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THE NARMADA KHAND UDYOG SAHKARI MANDLI THROUGH
MOHAMMMADIJAZ SULTANMOHAMMAD DAYMA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR APURVA R KAPADIA(5012) for the Applicant(s) No. 1
MR. DIVYANG A RAMANI(7180) for the Respondent(s) No. 2
MR JAY MEHTA, ADDL.PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 19/06/2024
ORAL ORDER
ORDER IN R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL)
NO. 9915 of 2024
1. Learned advocate Mr.Apurva Kapadia submits that the
judgment and order of the acquittal was passed by the
learned trial Court mainly on the ground that the
complainant has not offered himself for cross
examination and therefore, stage of cross examination of
the complainant was closed by passing an order below
Exhibit 28 and in absence of the cross examination, chief
examination would not have any evidentiary value.
Learned advocate Mr.Kapadia submits that due to
absence of the respondent-accused, the complainant has
filed an application below Exhibit 28 on 19.07.2023 to
close the stage of the cross examination of the
complainant by the respondent-accused. Learned
NEUTRAL CITATION
R/CR.MA/9915/2024 ORDER DATED: 19/06/2024
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advocate Mr.Kapadia submits that the said application
was decided and the same was rejected by the learned
trial Court vide order dated 06.09.2023 however, the
stage of the cross examination was closed as the
complainant was not present on that day.
2. Learned advocate Mr.Kapadia submits that being
aggrieved by the aforesaid order the complainant has
preferred the Revision Application before the learned
Sessions Court wherein the learned Sessions Court has
rejected the said application on the ground that, closing
the stage of the cross examination of the complainant
would not cause injustice as the evidence, which shows
exhibited through the chief examination has not been
discarded by the learned trial Court.
3. Learned advocate Mr.Kapadia has drawn the attention of
this Court from the rojkaam, wherein it transpires that on
number occasions the respondent-accused was absent as
well as the complainant was also not present on every
date. Learned advocate Mr.Kapadia submits that though
the stage of the further statement under Section 313 of
the Code of Criminal Procedure, 1973 was closed by the
learned trial Court on 05.10.2023, the further statement
was recorded on next date of hearing i.e. on 06.10.2023
by the learned trial Court and there was no any reference
with regard to any application for opening the stage for
further statement filed by the respondent-accused.
4. Learned advocate Mr.Kapadia submits that due to non-
appreciation of the evidence, which was placed by the
NEUTRAL CITATION
R/CR.MA/9915/2024 ORDER DATED: 19/06/2024
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complainant with the chief examination, gross injustice
was caused and therefore, the matter is required to be
remanded back to the learned trial Court.
5. 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. 1284 of 2024
1. The appeal is admitted.
2. Let Notice for final disposal be issued, making it
returnable on 01.07.2024. Learned APP Mr.Mehta waives
service of notice on behalf of the respondent-State as
well as learned advocate Mr.Divyang Ramani waives
service of notice of admission on behalf of respondent-
accused.
3. Record and Proceedings shall be called for, so as to
reach before this Court on or before the returnable date.
(M. K. THAKKER,J)
M.M.MIRZA
