Vasantben Dayaljibhai Parmar vs Parshottambhai Mohanlal ...
2021 Latest Caselaw 15675 Guj

   R/CR.MA/17631/2021                                        ORDER DATED: 05/10/2021




    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    R/CRIMINAL MISC.APPLICATION NO. 17631 of 2021
                              In
           R/CRIMINAL APPEAL NO. 1425 of 2021
                             With
           R/CRIMINAL APPEAL NO. 1425 of 2021
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              VASANTBEN DAYALJIBHAI PARMAR
                            Versus
           PARSHOTTAMBHAI MOHANLAL KANZARIYA
======================================
Appearance:
MR MAKBUL I MANSURI(2694) for the Applicant(s) No. 1
for the Respondent(s) No. 1
MS CM SHAH, ADDITIONAL PUBLIC PROSECUTOR(2) for the
Respondent(s) No. 2
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 CORAM:HONOURABLE MR. JUSTICE UMESH A. TRIVEDI

                                Date : 05/10/2021

                                   ORAL ORDER

ORDER IN CRIMINAL MISC. APPLICATION NO. 17631 of

Heard Mr. M.I. Mansuri, learned advocate for the applicant. Drawing attention of the Court to paragraph 10(2) of the impugned judgment, it is submitted that the Prosecution Witness No.3 - Mehul Ravjibhai Khut, Branch Manager of Indian Bank, where the complainant is having bank account, produced account statement vide Exh.44 from 01.01.2017 to 31.12.2018 wherein it is mentioned that on 31.01.2017 through cheque No.086784 Rs.1,70,000/- came to be paid to Parshottambhai Mohanlal Kanzariya i.e. accused and an entry is reflected in it. It is further submitted that the accused has not disputed the cheque in question nor his signature over the

R/CR.MA/17631/2021 ORDER DATED: 05/10/2021

same, and therefore, an order of acquittal is recorded on the ground that there is admission by the complainant that with the accused there was never any transaction that took place through cheque. It is further submitted that the learned Judge has given primacy to the oral evidence produced by the complainant. However, according to the submission of Mr. Mansuri, learned advocate, that the Bank Officer has deposed to about the entry in the bank statement of the complainant, which reflects that an amount of Rs.1,70,000/- is paid through cheque to the respondent - accused. Therefore, if at all there is no transaction, the respondent - accused would not have issued any cheque for payment to the complainant of Rs.1,70,000/-. Hence, special leave to appeal is granted. The present application stands disposed of.

ORDER IN CRIMINAL APPEAL No. 1425 of 2021

ADMIT. Ms. C.M. Shah, learned Additional Public Prosecutor, waives service of notice of admission on behalf of respondent no.2 - State.

Bailable warrant in the sum of Rs.10,000/- be issued against respondent no.1 - accused.

(UMESH A. TRIVEDI, J.)

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