NEUTRAL CITATION
R/CR.MA/1188/2022 ORDER DATED: 25/09/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 1188 of 2022
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RAJNIKANT JAYANTILAL TRIVEDI
Versus
BHAVARSINGH VANNASINGH CHAUHAN
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Appearance:
MR VAIBHAV A VYAS(2896) for the Applicant(s) No. 1
MR SANJAY PRAJAPATI(3227) for the Respondent(s) No. 1
MS. M.H. BHATT, APP for the Respondent(s) No. 2
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CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 25/09/2023
ORAL ORDER
1. Heard Mr. Vaibhav Vyas, learned advocate on record for the applicant-original complainant, Mr. Sanjay Prajapati, learned advocate on record for the respondent No.1-original accused and Ms. M.H. Bhatt, learned APP appearing for the respondent-State.
2. This application is filed seeking leave to appeal under Section 378(4) of Cr.P.C. against the judgment and order dated 06.11.2019 passed by learned Additional Chief Metropolitan Magistrate, Court No.28, Ahmedabad in Criminal Case No.1087 of 2013, acquitting the present respondent-accused for the offence alleged under Section 138 of the N.I. Act.
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NEUTRAL CITATION R/CR.MA/1188/2022 ORDER DATED: 25/09/2023 undefined
3. From the record, it has transpired that the learned Magistrate has proceeded to record the acquittal of the respondent-accused mainly on the ground of inability of the original complainant to prove his financial capacity to lend the amount as alleged in the complaint. Prima facie, the court finds that the learned Magistrate has failed to take into the consideration the judgment of the Hon'ble Apex Court in the case of Tedhi Singh vs Narayan Dass Mahant reported in 2022 (6) SCC 735, while taking into the consideration the aspect of the financial capacity of the original complainant. The appeal deserves admission. Hence, the present application seeking leave to appeal is hereby allowed. Rule is made absolute. Registry is directed to notify the criminal appeal for admission hearing.
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