Gujarat High Court
Ramjibhai Jivabhai Prajapati vs State Of Gujarat & on 2 July, 2014
Author: G.B.Shah
Bench: G.B.Shah
R/CR.MA/8429/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 8429 of
2014
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RAMJIBHAI JIVABHAI PRAJAPATI....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MR DA SANKHESARA, ADVOCATE for the Applicant(s) No. 1
MR KL PANDYA, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE G.B.SHAH
Date : 02/07/2014
ORAL ORDER
1. Present application, under section 378(4) of the Code of Criminal Procedure, 1973 has been preferred by the applicant - original complainant for Leave to Appeal against the impugned judgment and order of acquittal dated 1-5-2014 passed by the learned Judicial Magistrate First Class, Khedbrahma, Sabarkantha, in Criminal Case No.542 of 2002 acquitting the opponent No.2 herein - original accused for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881.
2. Heard Mr. D.S.Sankhesara, learned advocate for Page 1 of 2 R/CR.MA/8429/2014 ORDER the applicant-original complainant. He seeks permission to produce certain further documents on record of this application. Permission is granted to produce the same. Registry is directed to take the same on record.
3. In light of the decision rendered by the Hon'ble Apex Court in the case of Nitin Saevantilal Shah Vs. Manubhai Manjibhai Panchal reported in (2011)9 SCC page 638 and perusing the impugned judgment and order of acquittal, the present application deserves to be allowed and is accordingly allowed and Leave to Appeal, as prayed for, is hereby granted.
(G.B.SHAH, J.) RADHAN Page 2 of 2