Gujarat High Court
Jogindra R Anand, Partner Of Anand ... vs Ghanaram B.Rathod Prop. Of Mahadev ... on 28 November, 2022
Author: Gita Gopi
Bench: Gita Gopi
R/CR.A/1715/2005 ORDER DATED: 28/11/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 1715 of 2005
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JOGINDRA R ANAND, PARTNER OF ANAND TRADING COMPANY
Versus
GHANARAM B.RATHOD PROP. OF MAHADEV SALES AGENCY & 1
other(s)
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Appearance:
(MR DIPAK C RAVAL)(706) for the Appellant(s) No. 1
ADVOCATE NOTICE UNSERVED for the Appellant(s) No. 1
MR S M SOJATWALA(3499) for the Opponent(s)/Respondent(s) No. 1
MR YATIN R PATEL(3637) for the Opponent(s)/Respondent(s) No. 1
NOTICE SERVED for the Opponent(s)/Respondent(s) No. 1
PUBLIC PROSECUTOR for the Opponent(s)/Respondent(s) No. 2
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 28/11/2022
ORAL ORDER
1. It appears that advocate on record, Mr. Dipak C.Raval, is no more. The matter is pending since 2005 and notice has already been issued to the appellant informing the said fact, and was directed to remain present by way of notice within one month from the date of service and in absence, it was instructed that the Criminal Appeal would be heard ex parte. The said notice was issued on 01.01.2021. The notice appears to have been unserved, as appellant was not found/residing at the Page 1 of 2 Downloaded on : Sat Dec 24 00:36:53 IST 2022 R/CR.A/1715/2005 ORDER DATED: 28/11/2022 given address.
2. The matter is filed under Section 138 of the N.I. Act by partner of Anand Trading Company, and the Metropolitan Magistrate, Ahmedabad had acquitted the accused on 30.05.2003. The amount of cheque is Rs.29,000/-. The appellant would have certainly known about the death of his Advocate. The matter is pending since 2003 and for indefinite time, the appellant cannot be permitted any opportunity. It appears that he is not interested in proceeding with the matter. Hence, the present appeal stands dismissed. Record and Proceedings, if any, be sent back to the concerned trial Court.
(GITA GOPI,J) Pankaj Page 2 of 2 Downloaded on : Sat Dec 24 00:36:53 IST 2022