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2024 Supreme(Online)(GUJ) 22568

HIGH COURT OF GUJARAT
S.V. PINTO, J
JAYANTIBHAI NARANBHAI PATEL – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
MR ASHISH M DAGLI(2203) for the Applicant(s) No. 1, MR NK MAJMUDAR(430) for the Respondent(s) No. 2,3,4,7, MS.JIRGA JHAVERI, APP for the Respondent(s) No. 1

ORAL ORDER

Learned advocate for the applicant seeks permission to leave to amend the issuance of date of cheque. Permission as prayed for is granted. Necessary amendment shall be carried out forthwith.

At the outset, learned advocate for the applicant seeks permission to delete the name of Respondent No. 5 i.e. Patel Harishbhai Laxmibhaidas as also submits that by an order dated 10/07/223 passed by this Court, matter qua Respondent No. 6 i.e. Patel Rajnikant Hiralal is abated since the respondent No. 6 has expired.

Permission as prayed for is granted. Registry is directed to delete the name of Respondent No. 5 Patel Harishbhai Laxmibhaidas and necessary amendment shall be carried out.

1. The present application has been filed by the original complainant seeking leave to appeal under Section 378(4) of the Code of Criminal Procedure, 1973 ( hereinafter referred to “Cr.P.C.”, for short) challenging the judgement and order of acquittal dated 17/03/2023 passed by the learned Judicial Magistrate First Class, Dakor (hereinafter referred to as the learned trial Court) in Criminal Case No. 238 of 2001, whereby the learned trial Court was pleased to acquit the Respondent Nos. 2, 3, 4 and 7 for t

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