Gujarat High Court
Aditya Groups Ascom Leasing And ... vs State Of Gujarat on 20 June, 2024
NEUTRAL CITATION
R/CR.MA/9186/2024 ORDER DATED: 20/06/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 9186 of
2024
In R/CRIMINAL APPEAL NO. 1294 of 2024
With
R/CRIMINAL APPEAL NO. 1294 of 2024
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ADITYA GROUPs ASCOM LEASING AND INVESTMENT LTD. THRO
DINESH DEVAJI NIKUMBH
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR SHREYANG S VAYEDA(10917) for the Applicant(s) No. 1
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 : 20/06/2024
ORAL ORDER
1. Learned advocate Mr.Shreyang S.Vayeda submits that
judgment and order of acquittal passed by the learned
trial court by exercising the power under section 256 of
the Criminal Procedure Code, 1973 (hereinafter referred
to as the "Cr.P.C.").
1.1. Learned advocate Mr.Vayeda submits that the
complaint is filed through authorized signatory who
expired during the pendency of the trial, thereafter,
NEUTRAL CITATION
R/CR.MA/9186/2024 ORDER DATED: 20/06/2024
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the complainant has filed an application for
substitution of the complainant which was allowed by
the learned trial court and authorized officer namely
Hanish Sureshbhai was substituted in place of Rakesh
S.Jadav.
1.2. Learned advocate Mr.Vayeda submits that,
thereafter the said Hanish Sureshbhai has resigned
from the job on 31.02.2023 and therefore further
application was filed below Exh.21 substituting the
complainant in place of Hanish. Learned advocate
Mr.Vayeda submits that, that application was also
allowed and thereafter, complainant has filed the
affidavit in form of chief examination below Exh.30 on
03.10.2023 and thereafter matter was kept on
12.12.2023. As on 12.12.2023, the respondent-
accused was absent, therefore application below
Exh.33 was filed, praying to close the stage of the
cross examination of the complainant. The said
application was fixed for hearing on 17.02.2024 on the
day when the complainant was absent.
1.3. Learned advocate Mr.Vayeda submits that infact in
the order, learned trial court has in the beginning itself
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R/CR.MA/9186/2024 ORDER DATED: 20/06/2024
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mentioned that, complainant's advocate remained
present in the Court and the complainant was absent.
Learned advocate Mr.Vayeda submits that due to
single default, the learned trial court has dismissed the
complaint by exercising the power under section 256
of the Cr.P.C.
1.4. Learned advocate Mr.Vayeda submits that as the
complaint is pending since 2021 and the complainant
has remained present on almost all occasions
however, learned trial court has dismissed the
complaint for non prosecution on the ground of
absence of the complainant for cross examination.
2. In view of the above submissions, this Court deems it fit
to allow this application for seeking leave to prefer an
appeal.
3. Hence this application for seeking leave to prefer an
appeal is allowed. Leave to prefer an appeal is granted.
ORDER IN R/CRIMINAL APPEAL NO. 1294 of 2024
1. The appeal is admitted.
2. Notice for final disposal be issued to the respondent-
accused making it returnable on 02.07.2024. Learned
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R/CR.MA/9186/2024 ORDER DATED: 20/06/2024
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APP Mr.Jay Mehta waives service of notice on behalf of
respondent-State.
3. Issue Bailable Warrant in the sum of Rs.5,000/- (Rupees
Five Thousand Only) against the respondent-original
accused.
4. Record and Proceedings shall be called for so as to reach
this Court on returnable date.
(M. K. THAKKER,J)
NIVYA A. NAIR
