Mukeshbhai Chhaganlal Gandhi vs Vrujeshkumar Ranjitlal Maval on 22 July, 2019

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Gujarat High Court

Mukeshbhai Chhaganlal Gandhi vs Vrujeshkumar Ranjitlal Maval on 22 July, 2019

Bench: R.P.Dholaria

       R/CR.MA/13279/2019                                       ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/CRIMINAL MISC.APPLICATION NO. 13279 of 2019

                             With
          R/CRIMINAL MISC.APPLICATION NO. 13280 of 2019
                              In
           CRIMINAL MISC.APPLICATION NO. 13279 of 2019
==========================================================
                   MUKESHBHAI CHHAGANLAL GANDHI
                               Versus
                   VRUJESHKUMAR RANJITLAL MAVAL
==========================================================
Appearance:
MR KASHYAP R JOSHI(2133) for the Applicant(s) No. 1
for the Respondent(s) No. 1
MS. HANSA PUNANI, APP for the Respondent(s) No. 2
==========================================================

 CORAM: HONOURABLE MR.JUSTICE R.P.DHOLARIA

                            Date : 22/07/2019
                             ORAL ORDER

ORDER IN CRIMINAL MISC.APPLICATION NO.13280/2019

1. Rule. Learned APP waives service of notice of rule for and on behalf of respondent-State.

2. The applicant has filed this application under Section 5 of the Limitation Act with prayer to condone the delay of 23 days caused in filing Special Leave to Appeal.

3. Having heard learned advocates appearing for the respective parties and on perusal of record of the case, it appears that the applicant has made sufficient cause to condone the delay, and therefore, delay of 23 days is hereby condoned.

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R/CR.MA/13279/2019 ORDER

4. The present Criminal Misc. Application stands disposed of accordingly. Rule is made absolute.

ORDER IN CRIMINAL MISC.APPLICATION NO.13279/2019

1. This is an application preferred by the applicant under Section 378(4) of the Code of Criminal Procedure, 1973 for leave to appeal against the judgment and order of acquittal dated 08.01.2019 passed in Criminal Case No.248 of 2010 by learned Judicial Magistrate,First Class, Hansot.

2. Rule. Ms. Hansa Punani, learned APP waives service of rule for the respondent-State.

3. Heard learned advocate for the applicant and learned APP for the respondent-State.

4. Considering the averments made in the application supported by affidavit as well as arguments advanced by learned advocate for the applicant that the small amount was advanced as regards the execution and the evidence is already on record and that fact is also not denied by the accused, hence, leave to appeal deserves to be granted. Accordingly, this application is allowed in terms of Para-7(A). Rule is made absolute.

(R.P.DHOLARIA, J) SUYASH Page 2 of 2 Downloaded on : Tue Jul 23 23:24:53 IST 2019

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Gujarat High Court