NEUTRAL CITATION
R/CR.MA/2836/2023 ORDER DATED: 06/11/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 2836 of
2023
In R/CRIMINAL APPEAL NO. 321 of 2023
With
R/CRIMINAL APPEAL NO. 321 of 2023
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SIDDHARTH INTERNATIONAL PROPRIETOR OF DHANPATMAL
CHANDMAL CHOPRA
Versus
STATE OF GUJARAT
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Appearance:
MR PARTHIV A BHATT(5331) for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2
MS DIVYANGNA P. JHALA, ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 06/11/2023
ORAL ORDER
ORDER IN CRIMINAL MISC. APPLICATION NO. 2837 OF 2023
1. This is an application preferred by the applicant-original complainant under Section 378 of the Code of Criminal Procedure, 1973, seeking leave of this Court to present an appeal against the judgment and order of acquittal passed by the learned 14th Additional Chief Judicial Magistrate Court at Surat dated 7.11.2022 in Criminal Case No.7034 of 2020. Page 1 of 4 Downloaded on : Mon Nov 06 20:51:45 IST 2023
NEUTRAL CITATION R/CR.MA/2836/2023 ORDER DATED: 06/11/2023 undefined
2. Heard learned advocates appearing for respective parties and perused the impugned judgment and order of the trial Court.
3. Learned advocate for the applicant submits that the Trial Court had committed error in acquitting the respondent- accused on two grounds viz. the complainant had not produced any document to show that he is proprietor of Siddharth International, having the locus to file complaint and the complainant fails to establish financial capacity for lending the money. Learned advocate for the applicant submits that though initially five cheques were issued which were dishonoured on depositing with the bank and for that, notice was issued after receiving the notice, the respondent-accused has approached to the complainant and taken back that five cheques and issued the fresh cheques which are the subject- matter of this complaint. Learned advocate for the applicant submits that the Trial Court had observed while acquitting the respondent-accused that the complainant had not produced five cheques. Learned advocate for the applicant submits that the complainant was not having that cheques, therefore, it would not possible for him to produce the cheques as the Page 2 of 4 Downloaded on : Mon Nov 06 20:51:45 IST 2023 NEUTRAL CITATION R/CR.MA/2836/2023 ORDER DATED: 06/11/2023 undefined cheques were taken back by the respondent-accused after it was dishonoured.
4. Learned advocate for the applicant draws the attention of this Court with regard to the reasons mentioned while acquitting the respondent-accused and submits that though issuance of cheque and signature on the cheque is not disputed by the respondent-accused, neither any defence was established by the evidence which may be in the nature of preponderance of probabilities. The Trial Court had acquitted the respondent-accused and committed error.
5. In view of the above submissions, this Court deems fit to allow this application for leave to prefer an appeal. Hence, this application is allowed.
ORDER IN APPEAL No.321 OF 2023 The appeal is admitted. Learned APP Ms. Divyangna P. Jhala waives service of notice of admission on behalf of respondent State.
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NEUTRAL CITATION R/CR.MA/2836/2023 ORDER DATED: 06/11/2023 undefined Issue Bailable Warrant in the sum of Rs.5,000/- (Rupees Five Thousand Only) against the respondent-original accused.
In the meantime, R&P be called for. Registry is directed to list this matter as per seriatim.
(M. K. THAKKER,J) Bharat Page 4 of 4 Downloaded on : Mon Nov 06 20:51:45 IST 2023