Narottambhai Nagjibhai Patel vs Ronakbhai Ramjibhai Mangukiya
2024 Latest Caselaw 8686 Guj

Gujarat High Court

Narottambhai Nagjibhai Patel vs Ronakbhai Ramjibhai Mangukiya on 13 September, 2024

                                                                                                           NEUTRAL CITATION




                           R/CR.MA/22419/2023                                 ORDER DATED: 13/09/2024

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                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 22419
                                                 of 2023

                                          In R/CRIMINAL APPEAL NO. 2116 of 2024

                                                       With
                                         R/CRIMINAL APPEAL NO. 2116 of 2024
                                                       With
                                    R/CRIMINAL MISC.APPLICATION NO. 22420 of 2023
                                                         In
                                         R/CRIMINAL APPEAL NO. 2115 of 2024
                                                       With
                                         R/CRIMINAL APPEAL NO. 2115 of 2024
                      ==========================================================
                                           NAROTTAMBHAI NAGJIBHAI PATEL
                                                       Versus
                                        RONAKBHAI RAMJIBHAI MANGUKIYA & ANR.
                      ==========================================================
                      Appearance:
                      MR HB CHAMPAVAT(6149) for the Applicant(s) No. 1
                      MS.MONALI BHATT, APP for the Respondent(s) No. 2
                      ==========================================================

                        CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER

                                                          Date : 13/09/2024

                                                            ORAL ORDER

1. Learned advocate Mr.Lakshit Patel submits that three

cases were filed together on the same day which was

numbered as 3201567 of 2013, 3201566 of 2013 and

3201475 of 2013 on 16.09.2013 and in all three cases

learned trial court has rendered the judgment on the

same day i.e. on 06.05.2023 whereby in one case

judgment and order of acquittal was passed on merits

NEUTRAL CITATION

R/CR.MA/22419/2023 ORDER DATED: 13/09/2024

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and in other two cases learned trial court has acquitted

the respondent-accused on the ground that complainant

did not put himself in the box for cross-examination and

therefore, his chief examination was discarded from the

record.

1.1. Learned advocate Mr.Lakshit Patel submits that all

three cases arising from the same transactions and in

one of the case i.e. Criminal Case No.3201566 of 2013

the power of attorney holder has deposed and he was

cross-examined by the respondent-accused and instead

of relying on the same, learned trial court has acquitted

the respondent-accused from the charges.

2. In view of the above submissions, this Court deems it fit

to allow this application for seeking leave to prefer an

appeal. 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. 2116 of 2024 &

R/CRIMINAL APPEAL NO. 2115 of 2024

1. The appeal is admitted. Learned APP Ms.Monali Bhatt

waives service of notice of admission on behalf of

respondent-State.

NEUTRAL CITATION

R/CR.MA/22419/2023 ORDER DATED: 13/09/2024

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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. To be heard with Criminal Appeal No.

2117/2024.

(M. K. THAKKER,J) ARCHANA S. PILLAI