Karan Arjunbhai Ayachi vs State Of Gujarat
2022 Latest Caselaw 10355 Guj

    R/CR.MA/9135/2022                               ORDER DATED: 23/12/2022




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/CRIMINAL MISC.APPLICATION NO. 9135 of 2022

                                        In

                        R/CRIMINAL APPEAL NO. 999 of 2022

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                           KARAN ARJUNBHAI AYACHI
                                    Versus
                              STATE OF GUJARAT
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Appearance:
MR JIGNESH L HAJARE(3994) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3
MR HARDIK MEHTA APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MS. JUSTICE GITA GOPI

                                Date : 23/12/2022

                                  ORAL ORDER

Relying on the judgment of Rohitbhai Jivanlal

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

106, Mr. Jignesh L.Hajare, learned advocate for the

applicant states that unnecessary burden has been placed

on the complainant to prove the case beyond all

reasonable doubt, when the transaction has already been

admitted and the signature on the cheque has not been

disputed and the accused came to be acquitted, only

observing that the cheque was given as security, when no

R/CR.MA/9135/2022 ORDER DATED: 23/12/2022

criminal complaint has been filed of any misuse of the

cheque.

Considering the submissions and the grounds raised

in the memo, leave to appeal is granted. The application

stands disposed of.

(GITA GOPI,J) Pankaj