Manubhai Parbatbhai Hirpara vs State Of Gujarat
2022 Latest Caselaw 10256 Guj

   R/CR.MA/21463/2022                                  ORDER DATED: 19/12/2022




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/CRIMINAL MISC.APPLICATION NO. 21463 of 2022
                                In
                 R/CRIMINAL APPEAL NO. 2329 of 2022

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                        MANUBHAI PARBATBHAI HIRPARA
                                   Versus
                             STATE OF GUJARAT
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Appearance:
MR DILIP L KANOJIYA(3691) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR HARDIK MEHTA, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MS. JUSTICE GITA GOPI

                              Date : 19/12/2022

                                 ORAL ORDER

Learned advocate for the applicant relying upon the judgment in the case of Rohitbhai Jivanlal Patel Vs. State of Gujarat & Anr., reported in (2019) 18 SCC 106 submits that the learned Trial Court Judge has laid down unnecessary burden on the complainant to prove the source of income as the complainant is an agriculturist and he could not maintain the accounts as the income is not taxable. The learned advocate for the applicant has failed to rebut the statutory presumption.

R/CR.MA/21463/2022 ORDER DATED: 19/12/2022

Considering the submissions made, leave to appeal is granted.

(GITA GOPI,J) Maulik