Bharatbhai Madhavjibhai Balar vs Prakashbhai Premjibhai Chotaliya
2025 Latest Caselaw 8525 Guj

Gujarat High Court

Bharatbhai Madhavjibhai Balar vs Prakashbhai Premjibhai Chotaliya on 1 December, 2025

                                                                                                            NEUTRAL CITATION




                           R/CR.MA/20714/2023                                  ORDER DATED: 01/12/2025

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                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 20714
                                                 of 2023

                                          In F/CRIMINAL APPEAL NO. 41805 of 2023
                      ==========================================================
                                          BHARATBHAI MADHAVJIBHAI BALAR
                                                      Versus
                                      PRAKASHBHAI PREMJIBHAI CHOTALIYA & ANR.
                      ==========================================================
                      Appearance:
                      SANKUL K KABRA(9304) for the Applicant(s) No. 1
                      MS SHRUTI PATHAK, APP for the Respondent(s) No. 2
                      ==========================================================

                        CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                                           Date : 01/12/2025
                                                            ORAL ORDER

1. This is an application filed for seeking leave to appeal against the judgment and order of acquittal dated 07.10.2023 passed by 2 nd Additional Chief Judicial Magistrate Court, Surat in Criminal Case No.60896 of 2022.

2. Learned advocate for the applicant seeks permission to withdraw the present application as well as connected appeal to file appeal before the concerned Court, in view of the judgment of the Apex Court in case of M/s. Celestium Financial V.A. Gnanasekaran arising out of Special Leave Petiton (Cri.) Nos.137 - 139 / 2025, with the liberty that the period that may be consumed may not be counted as delay in filing such appeal.

3. In view of the above, permission as prayed for, is granted. The applicant can file appropriate appeal before the concerned Court. The present application as well as connected appeal are disposed of

NEUTRAL CITATION

R/CR.MA/20714/2023 ORDER DATED: 01/12/2025

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as withdrawn, with the aforesaid liberty with a rider that, after withdrawal of the present application and the appeal, necessary proceedings be initiated / filed within a period of four months from the date of receipt of copy of this order. It is clarified that the period that may be consumed in filing the present appeal may not be counted as delay in filing such appeal before the concerned Court.

(SANJEEV J.THAKER,J) URIL RANA