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SCR.A/2363/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 2363 of 2010
=========================================
SOMABHAI
VIRCHANDBHAI PANCHAL - Petitioner(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================
Appearance :
MR
ASHISH M DAGLI for
Petitioner(s) : 1,
MR MR MENGDEY, APP for Respondent(s) : 1,
MR
RUTURAJ NANAVATI for Respondent(s) : 2,
MR YASH N NANAVATY for
Respondent(s) : 2,
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CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 16/12/2010
ORAL
ORDER
1. By
way of this petition under Article 227 of the Constitution of India
the petitioner has prayed for an appropriate writ, order or direction
quashing and setting aside the impugned order passed by the learned
revisional Court dated 21/10/2010 in Criminal Revision Application
No. 245/2010 by which the learned revisional Court has allowed the
said Revision Application quashing and set aside the order passed by
the learned Metropolitan Magistrate Negotiable Instruments Act, Court
No. 6, Ahmedabad dated 16/09/2009 in Criminal Case No. 351/2008 by
which the Complaint under Section 138 of the Negotiable Instruments
Act was dismissed for non-prosecution and the learned revisional
Court passed an order to restore the said Complaint to file on
imposing of the cost to the tune of of Rs. 500/- only.
2. Having
heard the learned advocates appearing on behalf of the respective
parties and considering the broad consensus between the learned
advocates appearing on behalf of the respective parties the impugned
judgement and order passed by the learned Principal Sessions Judge,
Ahmedabad City dated 21/10/2010 in Criminal Revision Application No.
245/2010 is hereby modified to the extent that except cost to the
tune of Rs. 500/-, respondent no. 2-original complainant to pay to
the petitioner the cost to the tune of Rs. 2000/-, which shall be
paid by respondent no. 2 to the petitioner by Demand Draft within a
period of one week from today and/or deposit the same with the
learned trial Court within a period of one week from today. On such
deposit/payment, Criminal Case No. 351/2008 is to be treated as
restored to file. On the aforesaid deposit/payment of cost by
respondent no. 2 to the petitioner, the learned trial Court is
directed to proceed further with the hearing of Criminal Case No.
541/2008 in accordance with law on its own merits.
3. With
this, the present petition is disposed of.
Direct
service is permitted.
(M.R.
SHAH, J.)
siji
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