Jayesh Bhikhabhai Patel vs State Of Gujarat
2022 Latest Caselaw 10255 Guj

   R/CR.MA/23111/2022                                       ORDER DATED: 19/12/2022




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/CRIMINAL MISC.APPLICATION NO. 23111 of 2022

                                        In

                    R/CRIMINAL APPEAL NO. 2504 of 2022

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                          JAYESH BHIKHABHAI PATEL
                                   Versus
                             STATE OF GUJARAT
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Appearance:
MS MITA S PANCHAL(530) for the Applicant(s) No. 1
for the Respondent(s) No. 2
PUBLIC PROSECUTOR for the Respondent(s) No. 1
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 CORAM:HONOURABLE MS. JUSTICE GITA GOPI

                                Date : 19/12/2022

                                 ORAL ORDER

Draft amendment in regard to correction to the

address of private respondent no.2, is granted. The same

shall be carried out forthwith.

Relying on the judgment of Rohitbhai Jivanlal

Patel Vs. State of Gujarat, reported in (2019) 18 SCC

106, Ms. Mita S.Panchal, learned advocate for the

applicant submits that the learned trial Court Judge has

committed fundamental flaw by not believing the

complainant, where the burden is placed on the

R/CR.MA/23111/2022 ORDER DATED: 19/12/2022

complainant to prove the case beyond all reasonable

doubt. Ms. Panchal submitted that promissory note was

also issued and the signature on cheque is not disputed,

nor the statutory notice was replied.

Considering the submissions and the grounds raised,

leave to appeal is granted.

(GITA GOPI,J) Pankaj