Gujarat High Court
Gaurang Harmanbhai Patel vs State Of Gujarat on 28 June, 2024
NEUTRAL CITATION
R/CR.MA/567/2024 ORDER DATED: 28/06/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 567 of
2024
In R/CRIMINAL APPEAL NO. 1376 of 2024
With
R/CRIMINAL APPEAL NO. 1376 of 2024
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GAURANG HARMANBHAI PATEL
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MALAYKUMAR S PATEL(8901) 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 : 28/06/2024
ORAL ORDER
1. Learned advocate Mr. Malaykumar Patel submits that
though complainant has proved the case by producing
the bank statement below Exh.24 wherein, the entry
with regard to the withdrawal of amount by the
respondent-accused has been reflected. Learned
advocate Mr. Malaykumar Patel has drawn the attention
of this court with regard to the cross-examination of the
complainant from where it transpires that accused was
serving in the shop of the complainant for three months
NEUTRAL CITATION
R/CR.MA/567/2024 ORDER DATED: 28/06/2024
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during November 2017.
1.1. Learned advocate Mr. Malaykumar Patel submits
that learned trial court has believed that as the
respondent-accused was serving with the complainant
on instructions this amount was withdrawn. Learned
advocate Mr. Malaykumar Patel submits that even if
this defence is to be tested with Exh.24 then also it
transpires that last withdrawal by the respondent-
accused on 16.03.2018 of Rs.1,50,000/-.
1.2. Learned advocate Mr. Malaykumar Patel submits
that though no defence was raised by the respondent-
accused except legally enforceable debt the learned
trial court has disbelieved the case of the complainant
without being dislodged by the respondent-accused.
Learned advocate Mr. Malaykumar Patel submits that
without any cogent reason, the judgment and order of
acquittal was passed. Therefore, the application
seeking leave to prefer an appeal is required to be
allowed.
2. In view of the above submissions, this Court deems it fit
to allow this application seeking leave to prefer an
appeal. Hence, this application is allowed.
NEUTRAL CITATION
R/CR.MA/567/2024 ORDER DATED: 28/06/2024
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ORDER IN R/CRIMINAL APPEAL NO. 1376 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)
NIVYA A. NAIR
