NEUTRAL CITATION
R/CR.MA/15788/2023 ORDER DATED: 06/10/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 15788
of 2023
In R/CRIMINAL APPEAL NO. 2292 of 2023
With
R/CRIMINAL APPEAL NO. 2292 of 2023
With
R/CRIMINAL MISC.APPLICATION NO. 15791 of 2023
In
R/CRIMINAL APPEAL NO. 2293 of 2023
With
R/CRIMINAL APPEAL NO. 2293 of 2023
With
R/CRIMINAL MISC.APPLICATION NO. 15793 of 2023
In
R/CRIMINAL APPEAL NO. 2294 of 2023
With
R/CRIMINAL APPEAL NO. 2294 of 2023
With
R/CRIMINAL MISC.APPLICATION NO. 15801 of 2023
In
R/CRIMINAL APPEAL NO. 2295 of 2023
With
R/CRIMINAL APPEAL NO. 2295 of 2023
With
R/CRIMINAL MISC.APPLICATION NO. 15802 of 2023
In
R/CRIMINAL APPEAL NO. 2296 of 2023
With
R/CRIMINAL APPEAL NO. 2296 of 2023
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HEMANGKUMAR GIRISHCHANDRA BHAVSAR
Versus
STATE OF GUJARAT
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Appearance:
MR SHAIVANG D MEHTA(5623) for the Applicant(s) No. 1
MR. BHARGAV PANDYA, APP for the Respondent(s) No. 1 in Cr.MA
No.15788/2023; Cr.MA No.15801/2023 and Cr.MA No.15802/2023.
MS DIVYANGNA JHALA, APP for the Respondent(s) No.1 in Cr.MA
No.15791/2023 & Cr.MA No.15793/2023
RULE NOT RECD BACK for the Respondent(s) No. 2
MS DIYA MITRA, for the Respondent No.2
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NEUTRAL CITATION
R/CR.MA/15788/2023 ORDER DATED: 06/10/2023
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 06/10/2023
COMMON ORAL ORDER
ORDER IN CRIMINAL MISC. APPLICATIONs:
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 29.04.2023 passed by the learned Additional Chief Judicial Magistrate, Mehsana in separate criminal cases i.e. Criminal Case No.7654 of 2018; Criminal Case No.7651 of 2018; Criminal Case nol.7652 of 2018; Criminal Case No.7650 of 2018 and Criminal Case No.7653 of 2018.
2. Heard, learned advocates appearing for respective parties and perused the impugned judgment and order of the trial Court.
3. Learned advocate Mr. Shivang Mehta for the applicant - appellant submits that though the complainant had proved the Page 2 of 4 Downloaded on : Sat Oct 07 20:46:15 IST 2023 NEUTRAL CITATION R/CR.MA/15788/2023 ORDER DATED: 06/10/2023 undefined case by producing the evidence at Exh.31 and 32, which are the undertakings given by the accused at the time of borrowing the amount. Mr. Mehta, learned advocate further drawn attention of this Court to the bank statement, which is produced at Exh.64 to 71, wherein, it transpired that the cheque number, prior to the disputed cheques were issued in the month of March 2018. Therefore, the defence, which was raised by the accused that the cheques were given towards the security in the year 2014, is not appeared to be correct. Mr. Mehta, learned advocate further submits that though the presumption is in favour of the complainant under Section-139 of the Act, the learned trial Court without considering the aforesaid evidence and legal position, acquitted the accused from the offence.
3. Considering the avernments made in the application and submissions made by the learned advocates appearing for the respective parties, there is some arguable case in favour of the applicant, leave, as prayed for, is granted. This application is allowed.
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NEUTRAL CITATION R/CR.MA/15788/2023 ORDER DATED: 06/10/2023 undefined ORDER IN CRIMINAL APPEALs:
1. All the appeals are 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 sent back to the concerned trial Court.
(M. K. THAKKER,J) A. B. VAGHELA Page 4 of 4 Downloaded on : Sat Oct 07 20:46:15 IST 2023