R/CR.MA/4475/2023 ORDER DATED: 07/03/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 4475 of 2023
In R/CRIMINAL APPEAL NO. 516 of 2023
With
R/CRIMINAL APPEAL NO. 516 of 2023
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AMIT SHRIRAM GUPTA
Versus
NARENDRA TIRATHDASH SENANI
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Appearance:
DINESHKUMAR D GAUTAM(9549) for the Applicant(s) No. 1
for the Respondent(s) No. 1
MS. ASMITA PATEL, APP for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
Date : 07/03/2023
ORAL ORDER
ORDER IN R/CRIMINAL MISC.APPLICATION NO. 4475 of 2023 In R/CRIMINAL APPEAL NO. 516 of 2023
1. RULE. Learned Additional Public Prosecutor waives service of notice of rule on behalf of the respondent-state.
2. This application is filed for Special Leave to Appeal against the judgment and order dated 16-02-2023, by which the respondent No.1-accused has been acquitted by the Additional Chief Judicial Magistrate Court, Ahmedabad in Criminal Case No.66901 of 2020.
3. Learned Advocate for the applicant, at the outset, has submitted Page 1 of 3 Downloaded on : Tue Mar 07 20:47:17 IST 2023 R/CR.MA/4475/2023 ORDER DATED: 07/03/2023 that the applicant was able to establish legally enforceable debt against the respondent-accused for an amount of Rs.3,00,000/-, which the respondent has received towards the loan. Learned Advocate has submitted that in return of such money, the cheque has been issued.
4. Learned Advocate for the applicant has submitted that though the applicant had issued statutory notice and subsequent to such notice, amount has not been paid by the respondent-accused and therefore, offence was complete and cause of action to file complaint, had arisen.
5. Learned Advocate for the applicant has placed on record sufficient evidence in connection with the legally enforceable debt against the respondent-accused and therefore, error is committed by the Court below in not accepting the issue of legally enforceable debt against the respondent-accused.
6. The Court has perused the documents placed on record as well as discussion by the trial Court in the impugned judgment and order particularly with regard to legally enforceable debt. It is coming out on record that stand of the respondent-accused from beginning that is while answering statutory demand notice that the cheque was issued to one Digvijaysingh and that there was no financial transaction with the applicant. It appears that the trial Court has taken into consideration relevant documentary evidence in the form of reply given vide Exh-16 as well as Exh-13 being statutory notice, nowhere the issue is coming out that the applicant was instrumental in arrnaging the loan or paying the loan through said Digvijaysingh in whose favour, the cheque has been issued.
7. In the opinion of the Court, by assigning cogent reasons, the trial Page 2 of 3 Downloaded on : Tue Mar 07 20:47:17 IST 2023 R/CR.MA/4475/2023 ORDER DATED: 07/03/2023 Court has arrived at proper conclusion that there did not exist any legally enforceable debt of the applicant against the respondent-
accused.
8. The Court does not find any reason to interfere with the decision of the trial Court and hence, Special Leave to Appeal is refused.
9. Accordingly, present Criminal Misc. Application stands rejected.
Rule is discharged.
======================================== ORDER IN CRIMINAL APPEAL NO. 516 of 2023 In consequence, the Appeal stands dismissed.
(A.Y. KOGJE, J) PARESH SOMPURA Page 3 of 3 Downloaded on : Tue Mar 07 20:47:17 IST 2023