DILIPKUMAR CHANDUBHAI HARIYANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. Dipen Sankhesara, learned advocate who has appeared on behalf of M/s Vyas Associates for the applicant and Mr.Aditya Pandya, learned advocate for the respondent no.2.

(2.) Present application under Sec. 378(4) of the Code of Criminal Procedure, 1973 has been preferred by the applicant for Leave to Appeal against the impugned judgment and order of acquittal dtd. 26/8/2022 passed by the learned 4th Additional Chief Judicial Magistrat, Bharuch in Criminal Case No.314 of 2015 acquitting the opponent herein - original accused for the offences punishable under Sec. 138 of the Negotiable Instruments Act.

(3.) Considering the submissions made by the learned advocate for the applicant and grounds raised in the appeal, the Court prima facie finds that issue of service of notice in accordance with the provision of Sec. 138(b) of the Negotiable Instruments Act in the facts and circumstances of the case is required to be examined in light of the evidence which has come on record. Hence, the present application is allowed and Leave to Appeal, as prayed for, is hereby granted. ORDER IN CRIMINAL APPEAL: Appeal is admitted. Learned Additional Public Prosecutor Ms. Bhatt waives service of notice of admission on behalf of respondent-State and Mr. Pandya, learned advocate waives service of notice of admission on behalf of respondent no.2. Since Record and Proceedings have been received by this Court and learned advocates for the respective parties have agreed for final hearing of the appeal. Let, Registry may notify the appeal for hearing on 23/6/2023.