NEUTRAL CITATION
R/CR.MA/13168/2023 ORDER DATED: 11/10/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 13168
of 2023
In R/CRIMINAL APPEAL NO. 2315 of 2023
With
R/CRIMINAL APPEAL NO. 2315 of 2023
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JAY MAHAKALI CREDIT CORPORATION THRO JAGDISHBHAI LAVJIBHAI
RAMANI
Versus
STATE OF GUJARAT
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Appearance:
MR AMIT P SOLIYA(10780) 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 : 11/10/2023
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, passed by the learned 7th Additional Judicial Magistrate, Rajkot dated 27.06.2023 in Criminal Case No.28817 of 2021. Page 1 of 3 Downloaded on : Wed Oct 11 20:52:31 IST 2023
NEUTRAL CITATION R/CR.MA/13168/2023 ORDER DATED: 11/10/2023 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 - original complainant submits that the judgment and order of acquittal is passed by the learned trial Court on the sole ground that the loan, which was sanctioned to the complainant was of different date than the date mentioned the loan statement and loan form at Exh.16. Though the presumption which is in favour of the complainant under Section-139 of the N.I. Act was not rebutted by the respondent - accused, the learned trial Court had acquitted the respondent - accused from the offence as alleged.
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.
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NEUTRAL CITATION R/CR.MA/13168/2023 ORDER DATED: 11/10/2023 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 proceedings be called for from the concerned court.
4. Registry is directed to list the Criminal Appeal in seriatim.
(M. K. THAKKER,J) A. B. VAGHELA Page 3 of 3 Downloaded on : Wed Oct 11 20:52:31 IST 2023