Gujarat High Court
Harshad Jivanbhai Badeja vs State Of Gujarat on 6 December, 2023
NEUTRAL CITATION
R/CR.MA/3896/2023 ORDER DATED: 06/12/2023
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 3896 of
2023
In R/CRIMINAL APPEAL NO. 434 of 2023
With
R/CRIMINAL APPEAL NO. 434 of 2023
==========================================================
HARSHAD JIVANBHAI BADEJA
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MS SHUBHA B TRIPATHI(5597) for the Applicant(s) No. 1
MS VRUNDA SHAH, ADDL.PUBLIC PROSECUTOR for the Respondent(s)
No. 1
RULE UNSERVED for the Respondent(s) No. 2
==========================================================
CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 06/12/2023
ORAL ORDER
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 3896 of 2023
1. Learned advocate Mr.Shubha Tripathi submits that the judgment and order of the acquittal was passed by the learned trial Court relying upon the bare words of the respondent-accused that the disputed cheque was taken by the complainant by issuing the threats. Learned advocate Ms.Tripathi submits that the respondent- accused was the Area Sales Manager, Sales Manager of Reliance General Insurance Company and the complainant was collecting the premium amount and sending through the Aangadiya to the respondent- accused for issuance of the policy. The respondent- accused fails to make the payment of the policy and Page 1 of 3 Downloaded on : Wed Dec 06 20:51:22 IST 2023 NEUTRAL CITATION R/CR.MA/3896/2023 ORDER DATED: 06/12/2023 undefined therefore, insurance company had not insured vehicles of the number of persons and therefore, the complaint was filed against the present complainant and the respondent-accused for the offences punishable under Sections 409 and 114 of the Indian Penal Code before the Kamla Baug Police Station, District Porbandar.
2. Learned advocate Ms.Tripathi further draws the attention of this Court with regard to the cross examination conducted by the respondent-accused from where it transpires that the complainant used to deduct the amount from the premium of the commission and thereafter used to send the same to the respondent- accused for taking the insurance. It further comes on the record that due to default of the respondent-accused, the complainant had paid the amount of Rs.7,50,000/- to number of peoples and for the repayment of the said amount, the disputed cheque was issued by the respondent-accused. Learned advocate, Ms.Tripathi further submits that the learned trial Court had acquitted the respondent-accused from the charges without considering the fact that issuance of the cheque as well Page 2 of 3 Downloaded on : Wed Dec 06 20:51:22 IST 2023 NEUTRAL CITATION R/CR.MA/3896/2023 ORDER DATED: 06/12/2023 undefined as the signature was not disputed by the respondent- accused and the presumption, which was in favour of the complainant was not rebutted and therefore, learned advocate Ms.Tripathi submits that present application seeking leave to prefer an appeal requires to be allowed and appeal be admitted.
3. In view of these submissions, this Court finds that there is a some arguable case and therefore, application seeking leave to prefer an appeal requires to be allowed. Hence, present application is allowed. Leave to prefer an appeal is granted.
ORDER IN R/CRIMINAL APPEAL NO. 434 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.
(M. K. THAKKER,J) M.M.MIRZA Page 3 of 3 Downloaded on : Wed Dec 06 20:51:22 IST 2023