Samirkumar Manubhai Patel vs State Of Gujarat
2022 Latest Caselaw 10257 Guj

     R/CR.MA/16576/2022                                    ORDER DATED: 19/12/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 16576 of 2022
                                  In
                   R/CRIMINAL APPEAL NO. 1782 of 2022

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                           SAMIRKUMAR MANUBHAI PATEL
                                      Versus
                                STATE OF GUJARAT
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Appearance:
MR CHINTAN S POPAT(5004) 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

Mr. Popat, learned advocate for the applicant submits that two cheques were issued by the accused while in one case, he faced conviction and in the present matter, for the very same reason, the accused came to be acquitted while the learned Trial Court Judge relying upon the judgment in the case of Rohitbhai Jivanlal Patel Vs. State of Gujarat & Anr., reported in (2019) 18 SCC 106 submits that unnecessary burden was laid down on the complainant where there is no evidence of rebutting the statutory presumption.

R/CR.MA/16576/2022 ORDER DATED: 19/12/2022

Considering the submissions made, leave to appeal is granted.

(GITA GOPI,J) Maulik