Gujarat High Court
Arman Financial Services Ltd Thro ... vs State Of Gujarat on 18 December, 2023
NEUTRAL CITATION
R/CR.MA/7028/2023 ORDER DATED: 18/12/2023
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 7028 of
2023
In R/CRIMINAL APPEAL NO. 960 of 2023
With
R/CRIMINAL APPEAL NO. 960 of 2023
==========================================================
ARMAN FINANCIAL SERVICES LTD THRO MITESHBHAI
DINESHCHANDRA PARIKH
Versus
STATE OF GUJARAT
==========================================================
Appearance:
ABHISST K THAKER(7010) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3
MS VRUNDA C SHAH, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 18/12/2023
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 14.03.2023 passed by the learned Additional Chief Metropolitan Magistrate, N.I. Court, Ahmedabad in Criminal Case No.74559 of 2021.
Page 1 of 4 Downloaded on : Mon Dec 18 20:51:31 IST 2023
NEUTRAL CITATION R/CR.MA/7028/2023 ORDER DATED: 18/12/2023 undefined
2. Heard, learned advocates appearing for respective parties and perused the impugned judgment and order of the trial Court.
3. Learned advocate Mr. Abhisst Thaker for the applicant - original complainant submits that the judgment and order of acquittal was passed by the learned trial Court on two grounds; one is that no authorization was given by the complainant - company to the complainant and second is, there is no signature in the agreement of both sides. Learned advocate had drawn attention of this Court with regard to the Exh.12, 13 and 14, which are part of the paper-book, wherein, it transpired that the agreement was signed by the respondent
- accused, which was executed in the month of August, 2018. From the Exh.14, it transpired that undertaking was executed by the respondent - accused with regard to the payment and interest mentioned in the complaint. Learned advocate further drawn the attention of this Court with regard to the evidence of the Bank Officer, who was examined below Exh.32 and produced the bank statment showing that amount of Page 2 of 4 Downloaded on : Mon Dec 18 20:51:31 IST 2023 NEUTRAL CITATION R/CR.MA/7028/2023 ORDER DATED: 18/12/2023 undefined Rs.40,00,000/- was transferred on 23.08.2018 by cheque no.636697 in the account of respondent - accused. Learned advocate submits that though the respondent - accused had not lead any probable defence neither produced any evidence, which may be in the standard of the preponderance of the probabilities, the learned trial Court had disbelieved the complainant case and acquitted the respondent - accused.
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 - State.
2. Issue bailable warrant in the sum of Rs.5,000/- (Rupees Five Thousand only) against the respondent - original accused.
Page 3 of 4 Downloaded on : Mon Dec 18 20:51:31 IST 2023
NEUTRAL CITATION R/CR.MA/7028/2023 ORDER DATED: 18/12/2023 undefined
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 : Mon Dec 18 20:51:31 IST 2023