This High Court order grants leave to the appellant to prefer an appeal against a judgment of a Judicial Magistrate regarding an offence under Section 138 of the Negotiable Instruments Act, 1881, finding the grounds sufficient.
Leave to prefer appeal under Criminal Procedure Code granted; rule made absolute.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
R/CR.MA/14559/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION NO. 14559 of 2018
==========================================================
MIRZA SIDDIQUE BEG MANU BEG Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR ASHISH M DAGLI(2203) for the PETITIONER(s) No. 1 PRABHA M S J PRASAD(8453) for the RESPONDENT(s) No. 2 MS KRINA CALLA, PUBLIC PROSECUTOR(2) for the RESPONDENT(s) No. 1
========================================================== CORAM: HONOURABLE MS JUSTICE SONIA GOKANI
Date : 22/10/2018 ORAL ORDER
Rule. Learned APP waives service of rule for the
respondent-State.
1.This is an application, seeking leave to
prefer appeal against the judgment and order passed
by the learned Judicial Magistrate, First Class,
Petlad, Dated: 30.04.2018, in Criminal Case No. 3 of
2014, filed against respondent no.2-original accused
for the offence punishable under Section 138 of the
Negotiable Instruments Act, 1881.
2.This Court has heard the learned Advocate,
Mr. Dagli, for the applicant, who has emphasized on
the factum of sale of property and the receipt of
amount of consideration to the tune of Rs.45/- lakh.
3.Having thus heard both the sides and having
found the sufficiency of the grounds, this
application is allowed and the leave is GRANTED. Rule
is made absolute, accordingly.
(SONIA GOKANI, J)
UMESH/-
Page 1 of 1
2 issues framed by the court
Whether leave to prefer an appeal under the Criminal Procedure Code should be granted for a complaint of cheque dishonour.
Whether the sufficiency of grounds for the appeal was established.
1 provisions across 1 enactments
Mirza Siddique Beg Manu Beg
State of Gujarat
Sonia Gokani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court