Gujarat High Court
Ashokbhai Rameshbhai Darji vs State Of Gujarat on 13 December, 2023
NEUTRAL CITATION
R/CR.MA/3856/2023 ORDER DATED: 13/12/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 3856 of
2023
In R/CRIMINAL APPEAL NO. 428 of 2023
With
R/CRIMINAL APPEAL NO. 428 of 2023
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ASHOKBHAI RAMESHBHAI DARJI
Versus
STATE OF GUJARAT
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Appearance:
MR VIVEK V BHAMARE(6710) for the Applicant(s) No. 1
B P PATEL(7510) for the Respondent(s) No. 2
MS DIVYANGNA JHALA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 13/12/2023
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 06.01.2023 passed by the learned Chief Judicial Magistrate, Patan in Criminal Case No.1875 of 2017.
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NEUTRAL CITATION R/CR.MA/3856/2023 ORDER DATED: 13/12/2023 undefined
2. Heard, learned advocates appearing for respective parties and perused the impugned judgment and order of the trial Court.
3. Mr. Vivek Bhamare, learned advocate for the applicant - original complainant submits that though the issuance of the cheque and signature on the cheque was not disputed, and neither the demand notice was replied by the respondent - accused, mere bare words were accepted of the respondent - accused, the learned trial Court had acquitted the respondent
- accused. Learned advocate further draws attention of this Court with regard to the cross-examination of the complainant and the reasons assigned by the learned trial Court for acquitting the respondent - accused that the complainant fails to prove the case. It is submitted by the learned advocate that though the presumption, which was in favour of the complainant under Section-118 and 139 of the N.I. Act, was not rebutted by the respondent - accused, the burden was shifted on the complainant to prove the case. Learned advocate further submits that minor discrepancies were given more weightage while acquitting the respondent - accused Page 2 of 3 Downloaded on : Wed Dec 13 20:51:49 IST 2023 NEUTRAL CITATION R/CR.MA/3856/2023 ORDER DATED: 13/12/2023 undefined and therefore, he prays to grant the Leave to prefer an appeal and to admit the 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. ORDER IN CRIMINAL APPEAL:
1. The appeal is admitted. Learned APP waives service of notice of admission on behalf of respondent no.1 - State. Mr. B.P. Patel, learned advocate waives service of notice of admission on behalf of respondent no.2 - accused.
2. 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 3 of 3 Downloaded on : Wed Dec 13 20:51:49 IST 2023