Allowed

Hasmukhbhai Jivrajbhai Bhensjaliya v. State of Gujarat

Gujarat HC7 Dec 2021CR.MA/7437/2021

Case brief

AI extract

What is this about?

The High Court of Gujarat at Ahmedabad, in an oral order dated 07/12/2021, allowed a Criminal Miscellaneous Application under Section 378(4) CrPC for leave to appeal against an acquittal, and admitted a concurrent Crim. Appeal, relying on a Supreme Court judgment in Rohitbhai Jivanlal Patel.

What did the court decide?

Leave to appeal was granted; Criminal Miscellaneous Application stands allowed and Rule made absolute. Criminal Appeal No. 646 of 2021 is admitted.

Hasmukhbhai Jivrajbhai Bhensjaliya Vs State of… — Criminal Trial and Appeal | Gujarat HC (2021)

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R/CR.MA/7437/2021 ORDER DATED: 07/12/2021

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 7437 of 2021

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In R/CRIMINAL APPEAL NO. 646 of 2021 With R/CRIMINAL APPEAL NO. 646 of 2021

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========================================================== HASMUKHBHAI JIVRAJBHAI BHENSJALIYA

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Versus STATE OF GUJARAT

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==========================================================

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Appearance:

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MR ANUP S BHAVSAR(10208) for the Applicant(s) No. 1 MR. JAY M THAKKAR(6677) for the Applicant(s) No. 1 MR MINESH C DAVE(1096) for the Respondent(s) No. 2 MS MH BHATT, APP the Respondent(s) No. 1

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CORAM: HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI

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Date : 07/12/2021

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ORAL ORDER

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Order in Criminal Misc. Application No. 7437 of 2021

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Rule. Learned APP Ms. Monali Bhatt appears and waives service of notice of Rule on behalf of the respondent – State and learned advocate Mr. Ashok Purohit waives for respondent No.2 .

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The present Criminal Miscellaneous Application is filed by the applicant under Section 378(4) of the Code of Criminal Procedure seeking leave to appeal challenging the impugned judgment and order dated 11.11.2020 passed in Criminal Case No. 388 of 2017 by the learned Judicial Magistrate First Class, Limbdi recording the acquittal under the Negotiable Instruments Act.

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Heard learned advocate Mr. J.M. Thakkar for the applicant, learned APP Ms. Monali Bhatt for the respondent – State and learned

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Page 1 of 2

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R/CR.MA/7437/2021 ORDER DATED: 07/12/2021

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advocate Mr. Ashok Purohit with learned advocate Mr. Minesh C. Dave.

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Mr. Thakkar has drawn the attention of this Court that the judgment and order passed by the learned Judicial Magistrate First Class, Limbdi, the order dated 11.11.2020 coupled with the reasons assigned by the learned Judicial Magistrate First Class and also drawn the attention of this Court about the latest judgment of Hon’ble Supreme Court rendered in the case of Rohitbhai Jivanlal Patel vs. State of Gujarat and Anr. reported in (2019) 18 SCC 106, and submitted that the learned judge has committed an error and therefore, leave to appeal may kindly be granted.

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Learned APP Ms. M.H. Bhatt as well as learned advocate Mr. Ashok Purohit have strongly opposed for grant of leave to appeal.

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Perused the judgment and order dated 11.11.2020 passed in Criminal Case No. 388 of 2017 by the learned Judicial Magistrate First Class, Limbdi, and considering the averments made in the application, considering the submissions made by the learned advocate for the appellant and judgment of the Hon’ble Supreme Court rendered in the case of Rohitbhai Jivanlal Patel (supra), the matter requires consideration. Therefore, the leave to appeal as prayed for deserves to be granted and the present Criminal Misc. Application stands allowed. Rule is made absolute.

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Order in Criminal Appeal No. 646 of 2021

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This appeal is admitted.

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KUMAR ALOK / 76

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Hasmukhbhai Jivrajbhai Bhensjaliya v. State of Gujarat

Case brief

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What did the court decide?

Hasmukhbhai Jivrajbhai Bhensjaliya v. State of Gujarat

Case brief

What is this about?

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