Gujarat High Court
Nagrik Sahakari Bank Limited Thro ... vs State Of Gujarat on 28 November, 2023
NEUTRAL CITATION
R/CR.MA/20847/2023 ORDER DATED: 28/11/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 20847
of 2023
In R/CRIMINAL APPEAL NO. 2619 of 2023
With
R/CRIMINAL APPEAL NO. 2619 of 2023
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NAGRIK SAHAKARI BANK LIMITED THRO SETANSINH DALPATSINH
HADIYOL
Versus
STATE OF GUJARAT
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Appearance:
MS HANIBEN H JOSHI(12871) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS VRUNDA C SHAH, APP PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 28/11/2023
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 17.04.2023 passed by the learned Judicial Magistrate First Class, Vadali in Criminal Case No.688 of 2019.
2. Heard, learned advocates appearing for respective Page 1 of 3 Downloaded on : Tue Nov 28 20:44:03 IST 2023 NEUTRAL CITATION R/CR.MA/20847/2023 ORDER DATED: 28/11/2023 undefined parties and perused the impugned judgment and order of the trial Court.
3. Learned advocate Ms. Haniben Joshi for the applicant submits that though the respondent - accused failed to rebut the presumption, which is in favour of the complainant under Sections-118 and 139 of the N.I. Act, by raising probable the defence, which may be in the nature of preponderance of the probabilities, the learned trial Court had acquitted the respondent - accused from the charges. Learned advocate Ms. Haniben Joshi further submits that the minor discrepancies were given more weightage by the learned trial Court while passing the judgment and order of acquittal. Learned advocate further relies on the loan the statement, which was the part of the trial Court record below Exh.31, from which, it transpired that hypothecation loan was given to the respondent - accused and accused remain failed to pay. Learned advocate Ms. Joshi further submits that though signature was not disputed by the respondent - accused on the cheque and without raising any defence, the learned trial Court had believed the defence of the respondent - accused and acquitted him from the charges.
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NEUTRAL CITATION R/CR.MA/20847/2023 ORDER DATED: 28/11/2023 undefined
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.
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 3 of 3 Downloaded on : Tue Nov 28 20:44:03 IST 2023