Gujarat High Court
Prakashchand Sajjanraj Chhajed vs State Of Gujarat on 6 December, 2023
NEUTRAL CITATION
R/CR.MA/13579/2023 ORDER DATED: 06/12/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 13579
of 2023
In R/CRIMINAL APPEAL NO. 2697 of 2023
With
R/CRIMINAL APPEAL NO. 2697 of 2023
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PRAKASHCHAND SAJJANRAJ CHHAJED
Versus
STATE OF GUJARAT
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Appearance:
YUVRAJ G THAKORE(7785) for the Applicant(s) No. 1
MS VRUNDA C SHAH, APP for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 06/12/2023
COMMON ORAL ORDER
ORDER IN CRIMINAL MISC. APPLICATION:
1. This is an application by the applicant - original complainant under Section 378(4) of the Code of Criminal Procedure, 1973, seeking leave of this Court to present an appeal against the judgment and order of acquittal dated 23.05.2023 passed by the learned Metropolitan Magistrate Special Negotiable Instrument Court No.36, Ahmedabad in Criminal Case No.3700293 of 2015.
2. Heard, learned advocates appearing for respective Page 1 of 4 Downloaded on : Thu Dec 07 20:44:21 IST 2023 NEUTRAL CITATION R/CR.MA/13579/2023 ORDER DATED: 06/12/2023 undefined parties and perused the impugned judgment and order of the trial Court.
3. Mr. Yuvraj Thakore, learned advocate for the applicant submits that the complainant was having another two sister concern firms, which are also in the business of finance and making finance to the respondent accused in the year 2010, after clearing the dues of the sister concern, present complainant make a finance to the respondent accused in the year 2012 and for which, learned advocate relies on the Exh.16, from where, it transpired that the amount of Rs.1,25,000/- was received by the respondent - accused from the Chhajed Motors and signature was also made on the said receipt, which was part of the compilation at Page-31. Learned advocate further drawn attention of this Court to receipt issued by the Angadia Pedhi, which were produced below Exh.43, 44, 45 & 46 showing that after 2012, the amount was paid to the Chhajed Motors in the year 2015 around Rs.65,000/-. Learned advocate further relies on the sale agreement, which was executed by the respondent - accused with the third party, wherein also, the reference of Page 2 of 4 Downloaded on : Thu Dec 07 20:44:21 IST 2023 NEUTRAL CITATION R/CR.MA/13579/2023 ORDER DATED: 06/12/2023 undefined the amount of-course with regard to sister concern was made by the respondent - accused. Learned advocate further submits that the judgment and order passed by the learned trial Court on the ground that there was no any dues with regard to the loan given by the complainant. Learned advocate further submits that there was signature on the cheque as well as issuance of the cheque was not disputed by the respondent - accused, neither through any evidence nor through any circumstance. The another ground, which was given for acquittal by the learned trial Court is that the complainant has failed to prove that he is the proprietor of the Chhajed Motors. Learned advocate draws the attention of this Court with regard to the certificate issued by the bank below Exh.57 showing that the account was open with the Uco Bank in the name of Chhajed Motors and the name of the complainant was mentioned as a Proprietor. Learned advocate further submits that though the presumption, which is in favour of the complainant under Sections-118 and 139 of the N.I. Act, was not rebutted by the accused, the learned trial Court had passed the judgment and order of acquittal and therefore, it was prayed to allow the Leave to prefer an Page 3 of 4 Downloaded on : Thu Dec 07 20:44:21 IST 2023 NEUTRAL CITATION R/CR.MA/13579/2023 ORDER DATED: 06/12/2023 undefined Appeal and admit the criminal appeal.
4. Considering the avernments made in the application and submissions made by the learned advocates appearing for the respective parties, this Court finds that there is some arguable case in favour of the applicant, therefore, leave, as prayed for, is granted. This application is allowed. Rule is made absolute to the aforesaid extent.
ORDER IN CRIMINAL APPEAL:
1. The appeal is admitted. Learned APP waives service of notice of admission on behalf of respondent - State.
2. Issue bailable warrant in the sum of Rs.5,000/- (Rupees Five Thousand only) against the respondent - original accused.
3. Record and proceedings be called for from the concerned court. Registry is directed to list the Criminal Appeal in seriatim.
(M. K. THAKKER,J) A. B. VAGHELA Page 4 of 4 Downloaded on : Thu Dec 07 20:44:21 IST 2023