Gujarat High Court
Sanjaybhai Mukeshbhai Raval vs State Of Gujarat on 6 December, 2023
NEUTRAL CITATION
R/CR.MA/21496/2023 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. 21496
of 2023
In R/CRIMINAL APPEAL NO. 2688 of 2023
With
R/CRIMINAL APPEAL NO. 2688 of 2023
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SANJAYBHAI MUKESHBHAI RAVAL
Versus
STATE OF GUJARAT
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Appearance:
K T BELADIYA(9101) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS VRUNDA SHAH, ADDL.PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 06/12/2023
ORAL ORDER
ORDER IN R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 21496 of 2023
1. Learned advocate Mr.K.T.Beladiya submits that though the signature on the cheque was not disputed by the respondent-accused and mere words in the nature of probable defence i.e. the cheque was issued to one Sanjay Gandhi and from him the complainant took the cheque and filed the complaint, was accepted by the learned trial Court without considering the fact that in the cross examination, the complainant had specifically Page 1 of 3 Downloaded on : Wed Dec 06 20:51:20 IST 2023 NEUTRAL CITATION R/CR.MA/21496/2023 ORDER DATED: 06/12/2023 undefined denied to the suggestion that he is knowing to any Sanjay Gandhi. There was no any further circumstances, which were led during the cross examination to suggest in-existence of the legally enforceable debt. Learned advocate Mr. Beladiya further submits that the trial court had believed the defence of the respondent-accused and passed the judgment and order of the acquittal on the ground that the common friend, namely, Mitul Shah was not examined by the complainant to prove the case. Learned advocate Mr.Beladiya submits that, in fact, it is a duty of the accuse to rebut the presumption, which is in favour of the complainant under Sections 118 and 139 of the Negotiable Instruments Act, 1886 by pleading the probable defence which may be in the nature of preponderance of the probabilities. Barred statement would not sufficient to exonerate the accuse from the liability. Therefore, learned advocate Mr.Beladiya prays that judgment and order of the trial Court requires to be interfered with and application seeking leave to prefer an appeal is required to be granted.
2. In view of the above submissions, this Court finds that Page 2 of 3 Downloaded on : Wed Dec 06 20:51:20 IST 2023 NEUTRAL CITATION R/CR.MA/21496/2023 ORDER DATED: 06/12/2023 undefined there is some arguable case and therefore, application to prefer an appeal is required to be allowed. Hence, present application is allowed. Leave to prefer an appeal is granted.
ORDER IN R/CRIMINAL APPEAL NO. 2688 of 2023
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. Appeal be listed in seriatim.
4. Service of notice to the respondent is permitted through the concerned police station.
(M. K. THAKKER,J) M.M.MIRZA Page 3 of 3 Downloaded on : Wed Dec 06 20:51:20 IST 2023