Gujarat High Court
Siddhrajsinh Ramsinh Udavat vs State Of Gujarat on 25 June, 2024
NEUTRAL CITATION
R/CR.MA/8427/2024 ORDER DATED: 25/06/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 8427 of
2024
In R/CRIMINAL APPEAL NO. 1340 of 2024
With
R/CRIMINAL APPEAL NO. 1340 of 2024
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SIDDHRAJSINH RAMSINH UDAVAT
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR SHAIVAL M PATEL(9950) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR.JAY MEHTA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 25/06/2024
ORAL ORDER
1. Learned advocate Mr.Patel submits that the judgment
and order of acquittal was passed by the learned trial
court only on the ground that the notice was not served
to the proper address.
1.1. Learned advocate Mr.Patel submits that though
respondent-accused was represented by his pleader
before the learned trial court neither he challenged the
signature on the cheque nor he submitted before the
learned trial court with regard to the payment of the
NEUTRAL CITATION
R/CR.MA/8427/2024 ORDER DATED: 25/06/2024
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cheque amount and learned trial court has acquitted the
respondent-accused without any cogent reason.
1.2. Learned advocate Mr.Patel submits that the address
which is mentioned in the cause title in the complaint
was the same address where the notice was issued.
1.3. Learned advocate Mr.Patel submits that the
agreement to sale which was produced on record below
Exh.13 is having the same address which was mentioned
in the notice.
1.4. Learned advocate Mr.Patel submits that on
appearance of the respondent-accused he filed a pursis
stating that he was not residing at given address and
fresh address was mentioned in the pursis.
1.5. Learned advocate Mr.Patel submits that though in the
agreement to sale the amount which is mentioned has
not been disputed by the respondent-accused learned
trial court has believed the bare defence of the
respondent-accused and acquitted the respondent-
accused.
2. Considering the averments made in the application and
submissions made by the learned advocate appearing for
the applicant, this Court deems it fit to allow this
NEUTRAL CITATION
R/CR.MA/8427/2024 ORDER DATED: 25/06/2024
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application granting leave to prefer an appeal.
Therefore, this application is allowed.
ORDER IN R/CRIMINAL APPEAL NO. 1340 of 2024
1. The appeal is admitted. Learned APP Mr.Jay Mehta
waives service of notice of admission on behalf of
respondent-State.
2. Issue Bailable Warrant in the sum of Rs.5,000/- (Rupees
Five Thousand Only) against the respondent-original
accused.
3. Record and Proceedings shall be called for. Matter be
listed in seriatim.
(M. K. THAKKER,J)
ARCHANA S. PILLAI
