Ratilal Lakhmanbhai Thummar vs State Of Gujarat
2022 Latest Caselaw 4308 Guj

     R/CR.MA/13773/2021                              ORDER DATED: 21/04/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 13773 of 2021

                    In R/CRIMINAL APPEAL NO. 1087 of 2021

                                       With

                      R/CRIMINAL APPEAL NO. 1087 of 2021

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                          RATILAL LAKHMANBHAI THUMMAR
                                      Versus
                                STATE OF GUJARAT
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Appearance:
MR SANDEEP R LIMBANI(5977) for the Applicant(s) No. 1
PRAKASH G TRIVEDI(7306) for the Respondent(s) No. 2
PUBLIC PROSECUTOR for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

                                 Date : 21/04/2022

                                  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 12th Additional Chief Judicial Magistrate, Rajkot dated 03.03.2021 in Criminal Case No. 3825 of 2021, whereby the learned Judge was pleased to acquit the accused for the offence under section 138 of the Negotiable Instruments Act.

2. Heard, Mr.Sandeep Rl Limbani, learned advocate for the applicant. It is submitted that the applicant has good case on merits and there are all chances of being succeeded

R/CR.MA/13773/2021 ORDER DATED: 21/04/2022

in the when the same is heard on merits. He has submitted that serious prejudice would be caused to the applicant, if the leave to appeal is not granted. He has further submitted that the trial court has erroneously acquitted the accused mainly on the ground that the complainant has not produced Books of accounts and Income Tax Returns and hence interference is required. It is, therefore, prayed to allow this application.

2.1. Mr.Prakash G. Trivedi, learned advocate for the respondent No.2 original accused has submitted that no illegality has been committed by the trial court. He also submitted that the complainant was unable to prove transactions between the complainant and the accused and no documentary evidence was produced by the complainant before the trial court regarding transaction being taken place between the complainant and the accused. He further submitted that the complainant has not produced Books of Accounts and the Income Tax and therefore, no error has been committed by the trial court in acquitting the accused.

3. Considering the avernments made in the application and submissions made by the learned advocates appearing for the respective parties, this Court is of the opinion that the issue arise in the main Appeal is, as to whether non- production of the Books of Accounts and Income Tax Returns would be fatal to the case of the complainant or not, and hence leave, as prayed for, is granted. This application is allowed. Rule is made absolute accordingly.

R/CR.MA/13773/2021 ORDER DATED: 21/04/2022

Order in Criminal Appeal:

The appeal is admitted. Learned APP waives service of notice of admission on behalf of respondent - State. Learned advocate Mr. Prakash Trivedi waives service of notice of admission on behalf of respondent - original accused.

Registry is directed to show name of Mr.Prakash G. Trivedi, as the learned advocate for the respondent No.2 - original accused.

(RAJENDRA M. SAREEN,J) R.H. PARMAR.