Chitra (B) Publicity Company ... vs State Of Gujarat

                                                                                          NEUTRAL CITATION




      R/CR.MA/17846/2023                                    ORDER DATED: 10/10/2023

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              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 17846
                           of 2023
                              In
              R/CRIMINAL APPEAL NO. 2308 of 2023
                            With
              R/CRIMINAL APPEAL NO. 2308 of 2023
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 CHITRA (B) PUBLICITY COMPANY PROPRIETOR BAKULESH K. MEHTA
        THROUGH POA DINESHBHAI FULCHANDBHAI MEHTA
                             Versus
                       STATE OF GUJARAT
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Appearance:
MR PIYUSH B TRIVEDI(12401) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS. DIVYAGNA JHALA, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER

                                 Date : 10/10/2023

                                  ORAL ORDER

Order in Criminal Misc.Application :-

1. This is an application filed 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, passed by the learned Additional Chief Metropolitan Magistrate, Ahmedabad dated 18.8.2023 in Criminal Case No. 86521 of 2022.

2. Heard, learned advocates appearing for respective parties and perused the impugned judgment and order of the trial Court.

NEUTRAL CITATION R/CR.MA/17846/2023 ORDER DATED: 10/10/2023 undefined

3. Learned Advocate Mr.Piyush Trivedi appearing for the applicant submits that learned Judge while acquitting the respondent-original accused given three main reasons i.e. (1) Part payment is made (2) Power of attorney which was produced appears to be non-genuine (3) The cheque was not issued for legally enforceable debt. Mr. Trivedi, learned advocate submits that though the statutory presumption presumption under Section 139 of the Negotiable Instrument Act was in favour of the complainant and when the accused had not disputed with regard to the signature or with regard to the issuance of the cheque, the presumption should be rebutted by the accused by adducing the evidence or by establishing the circumstances which may in the nature of preponderance of the probability. Mr.Trivedi, learned advocate submits that the accused though remain failed in rebutting the presumption successfully, the judgement and order of acquittal was passed which is required to be interfered.

4. 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.

NEUTRAL CITATION R/CR.MA/17846/2023 ORDER DATED: 10/10/2023 undefined 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 proceedigns be called for from the concerned court.

(M. K. THAKKER,J) BEENA SHAH Page 3 of 3 Downloaded on : Tue Oct 10 20:52:43 IST 2023