Gujarat High Court
Manharbhai Mohanlal Bhatt vs State Of Gujarat & ... on 17 March, 2016
Author: K.J.Thaker
Bench: K.J.Thaker
R/CR.A/343/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL APPEAL (AGAINST ACQUITTAL) NO. 343 of 2014
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MANHARBHAI MOHANLAL BHATT....Appellant(s)
Versus
STATE OF GUJARAT & 1....Opponent(s)/Respondent(s)
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Appearance:
MR PARTHIV B SHAH, ADVOCATE for the Appellant(s) No. 1
MR HR PRAJAPATI, ADVOCATE for the Opponent(s)/Respondent(s) No. 2
MR RUTVIZ OZA ADDITIONAL PUBLIC PROSECUTOR for the
Opponent(s)/Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE K.J.THAKER
Date : 17/03/2016
ORAL ORDER
1.0 The present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order dated 31.01.2013 passed by the learned Additional Sessions Judge, Vadodara in Criminal Revision Application No. 183 of 2011 whereby the order dated 04.10.2011 passed by the learned Judicial Magistrate First Class, Vadodara on application below Exh. 11 in Criminal Case No. 6092 of 2009 acquitting the respondent no.2 for the offence punishable under Section 138 of the Negotiable Instruments Act was confirmed.
2.0 I have gone through the judgement of the trial Court. It is found
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R/CR.A/343/2014 ORDER
that the only with a view to seek disposal, the learned judge has disposed of the matter. Since the said issue is decided by this Court ( Coram: Z.K. Saiyed, J.) in case of Memon Mohmedrafik versus Desai Rameshkumar 2010(2) GLR 1257, it would be appropriate to remand the matter to the learned trial Court by quashing and setting aside the impugned judgment and order.
3.0 In view of aforesaid and in light of the above cited decision of this Court, the present appeal is allowed. The impugned judgment and order dated 31.01.2013 passed by the learned Additional Sessions Judge, Vadodara in Criminal Revision Application No. 183 of 2011 as well as the judgement and the order dated 04.10.2011 passed by the learned Judicial Magistrate First Class, Vadodara on application below Exh. 11 in Criminal Case No. 6092 of 2009 are perfunctory and the same are hereby quashed and set aside. The matter is remanded to the trial Court with a direction to proceed the case from the stage where it has been dismissed and on merits. The learned Principle District Judge, Vadodara is directed to notify the matter before the learned JMFC, Vadodara with a direction to dispose of the matter within a period of 12 months from the date of the receipt of writ of this order. Appeal is disposed of accordingly. R & P, if any, be sent back to the trial Court immediately. .
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