Single judge order granting leave to the appellant to appeal against the acquittal by the trial court, which dismissed the complaint on technical grounds related to the cause title.
Leave to appeal is granted.
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/19005/2022 ORDER DATED: 01/12/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 19005 of 2022
In
R/CRIMINAL APPEAL NO. 2051 of 2022
========================================================== HEMANG SHAH DIRECTOR OF HEMSON AD AND MEDIA (P) LTD.
Versus STATE OF GUJARAT
==========================================================
Appearance: ANAND J ACHARYA (11519) for the Applicant(s) No. 1 MRS KRISHNA G RAWAL(1315) for the Applicant(s) No. 1 for the Respondent(s) No. 2 MR HARDIK MEHTA APP for the Respondent(s) No. 1
==========================================================
CORAM: HONOURABLE MS. JUSTICE GITA GOPI
Date : 01/12/2022
ORAL ORDER
Page 1 of 2
R/CR.MA/19005/2022 ORDER DATED: 01/12/2022
Bhupesh Rathor Vs. Dayashanker Prasad Chaursiya , to submits that the complaint cannot be dismissed merely on the ground that the name of Managing Director is mentioned first followed by his post in the Company.
(GITA GOPI,J)
Pankaj
Page 2 of 2
2 issues framed by the court
Whether leave for appeal must be granted where the complaint was rejected on technical grounds regarding the cause title and acquittal was based on that ground.
Whether the trial court's rejection of the complaint and acquittal on the ground that the cause title was in the Director's capacity rather than the company's is appropriate.
Colour shows how this judgement treated each authority
Bhupesh Rathor Vs. Dayashanker Prasad ChaursiyaReferred¶15
Bhupesh Rathor Vs. Dayashanker Prasad Chaursiya
Hemang Shah
State of Gujarat
Krishna G Raval
Gita Gopi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
