Jignesh Mahendra Pandya vs State Of Gujarat
2022 Latest Caselaw 10321 Guj

   R/CR.MA/23654/2022                            ORDER DATED: 22/12/2022




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/CRIMINAL MISC.APPLICATION NO. 23654 of 2022

                  In R/CRIMINAL APPEAL NO. 2567 of 2022

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                        JIGNESH MAHENDRA PANDYA
                                  Versus
                            STATE OF GUJARAT
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Appearance:
MR P P MAJMUDAR(5284) 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 : 22/12/2022

                              ORAL ORDER

Relying on the judgment of Rohitbhai Jivanlal Patel Vs. State of Gujarat, reported in (2019) 18 SCC

106, Mr.Majmudar, learned advocate submitted that

the learned trial Court has laid down unnecessary

burden on the complainant to prove the case beyond

all reasonable doubt. Mr.Majmudar further submitted

that the defence has been raised, cheque was issued

as a surety while no rebuttal has been given to the

statutory presumption.

Considering the submissions and the averments

R/CR.MA/23654/2022 ORDER DATED: 22/12/2022

made in the application, leave to appeal is granted.

The application stands disposed of.

(GITA GOPI,J) Manoj