Gujarat High Court
Naranbhai Sarmanbhai Bhetariya vs State Of Gujarat on 29 November, 2023
NEUTRAL CITATION
R/CR.MA/14544/2022 ORDER DATED: 29/11/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 14544
of 2022
In R/CRIMINAL APPEAL NO. 1569 of 2022
With
R/CRIMINAL APPEAL NO. 1569 of 2022
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NARANBHAI SARMANBHAI BHETARIYA
Versus
STATE OF GUJARAT
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Appearance:
MR CHINTAN S POPAT(5004) for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 3
NOTICE UNSERVED for the Respondent(s) No. 2
MS VRUNDA SHAH, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 29/11/2023
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 01.04.2022 passed by the learned District & Sessions Judge, Junagadh in Criminal Appeal No.85 of 2015.
2. Heard, learned advocates appearing for respective Page 1 of 4 Downloaded on : Wed Nov 29 20:48:25 IST 2023 NEUTRAL CITATION R/CR.MA/14544/2022 ORDER DATED: 29/11/2023 undefined parties and perused the impugned judgment and order of the trial Court.
3. Learned Advocate Mr. Chintan Popat for the applicant submits that the respondent - accused was convicted by the learned trial Court, which was challenged before the learned appellate Court, wherein, the judgment and order of the conviction was reversed and the respondent - accused was acquitted. Learned advocate further draws attention of this Court with regard to the admission made by the respondent -
accused with regard to the signature on cheque. From the judgment passed by the learned trial Court, it reveals that application was given by the respondent - accused below Exh.289 before the Punjab National Bank regarding misplacing the cheque and prayed to stop the payment of concerned cheque. However, the cheque was returned without payment on the endorsement of not having the sufficient fund. Mr. Popat, learned advocate further submits that the respondent - accused was the transporter, wherein, the complainant was the owner of the petrol-pump and therefore, continuous account was maintained and for that, Page 2 of 4 Downloaded on : Wed Nov 29 20:48:25 IST 2023 NEUTRAL CITATION R/CR.MA/14544/2022 ORDER DATED: 29/11/2023 undefined ledger accounts were produced as well as bills were exhibited at Exh.123 to 251, wherein, the vehicle numbers, which are mentioned, is admitted by the respondent - accused stating that he is the owner of the said vehicles. Mr. Popat learned advocate further submits that after the judgment and order was passed by the learned trial Court, the complainant was retired from the Firm and thereafter, the present appellant was entered into the Firm as new partner and he himself put in the witness-box at the appellate stage, wherein, he denied with regard to the knowledge of the transaction as he was not partner at the relevant point of time. Mr. Popat, learned advocate further submits that learned appellate Court while acquitting the respondent - accused, had given more weightage to the evidence of the present appellant, which was examined at appellate stage below Exh.23 and discarded the evidence, which were proved by the complainant during the trial in the form of bills below Exh.123 to 251. Mr. Popat, learned advocate further submits that though the presumption, which was in favour of the present complainant, was not rebutted, the learned appellate Court had passed the judgment and order of the acquittal without leading sufficient Page 3 of 4 Downloaded on : Wed Nov 29 20:48:25 IST 2023 NEUTRAL CITATION R/CR.MA/14544/2022 ORDER DATED: 29/11/2023 undefined defence by 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.
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 : Wed Nov 29 20:48:25 IST 2023