Atul Limited Through Dharmesh ... vs State Of Gujarat
2025 Latest Caselaw 3132 Guj

Gujarat High Court

Atul Limited Through Dharmesh ... vs State Of Gujarat on 17 February, 2025

                                                                                                          NEUTRAL CITATION




                              R/CR.MA/3216/2025                             ORDER DATED: 17/02/2025

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                               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                               R/CRIMINAL MISC. APPLICATION NO. 3216 of 2025
                                          (FOR LEAVE TO APPEAL)
                                                    In
                                    F/CRIMINAL APPEAL NO. 29032 of 2023

                        =============================================
                               ATUL LIMITED THROUGH DHARMESH NAVINCHANDRA
                                                  THAKKAR
                                                    Versus
                                           STATE OF GUJARAT & ORS.
                        =============================================
                        Appearance:
                        MR.KEYUR GANDHI, ADVOCATE, GANDHI LAW ASSOCIATES(12275) for the Applicant
                        MS JIRGA JHAVERI, APP for the Respondent(s) No. 1
                        =============================================

                          CORAM:HONOURABLE MS. JUSTICE S.V. PINTO

                                                     Date : 17/02/2025

                                                       ORAL ORDER

1. The present application is filed by the applicant -

original complainant under Section 378(4) of the Code of

Criminal Procedure, 1973 (for short "Cr.P.C.") seeking leave to

file an appeal against the judgment and order dated 25.05.2023

passed by the learned 4th Additional Chief Judicial Magistrate,

Valsad in Criminal Case No.3566 of 2015, whereby, the original

accused - respondent Nos.2 and 3 herein came to be acquitted

from the charge levelled against him under Section 138 of the

Negotiable Instruments Act, 1881 (hereinafter referred to as

'the N.I.Act"). The respondent Nos.2 and 3 are hereinafter

referred to as "the accused" as they stood in the original case for

NEUTRAL CITATION

R/CR.MA/3216/2025 ORDER DATED: 17/02/2025

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the sake of convenience, clarity and brevity.

2. Heard learned advocate Mr.Keyur Gandhi for Gandhi

Law Associates appearing for the applicant and learned APP

Ms.Jirga Jhaveri for the respondent No.1 - State.

3. On perusal of the impugned judgment and order

passed by the learned 4th Additional Chief Judicial Magistrate,

Valsad, it appears that the applicant has remained present and

has made efforts for the service of the non-bailable warrant to

the accused and has also taken the warrant by hand for service

but, the same has not been served. The learned Trial Court has

rejected the application at Exh.23 and has dismissed the

complaint filed under Section 256 of the Cr.P.C., and hence, the

application requires consideration and accordingly, is allowed.

(S. V. PINTO,J) F.S.KAZI