Gaji Manan Sabbir Abudul Rahim vs State Of Gujarat
2023 Latest Caselaw 5739 Guj

                                                                                   NEUTRAL CITATION




     R/CR.MA/24039/2022                               ORDER DATED: 07/08/2023

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 24039 of 2022

                    In R/CRIMINAL APPEAL NO. 2615 of 2022

                                    With
                      R/CRIMINAL APPEAL NO. 2615 of 2022
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                          GAJI MANAN SABBIR ABUDUL RAHIM
                                       Versus
                                 STATE OF GUJARAT
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Appearance:
MS ABHA B MAKWANA(3025) for the Applicant(s) No. 1
MR M P SHAH(11274) for the Respondent(s) No. 2
MR S M DAVE(11268) for the Respondent(s) No. 2
MR HARDIK MEHTA ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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 CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE

                                  Date : 07/08/2023

                                   ORAL ORDER

1. Ms. Abha Makwana, learned advocate for the applicant - original complainant and Mr. M.P. Shah, learned advocate, who ha appeared on behalf of the respondent No.2 - original accused.

2. Learned advocate for the applicant has placed on record the list of judgments in support of her case. She has submitted that learned Magistrate has committed serious error in dismissing the complaint without appreciating the fact that the accused had issued cheque in question for an amount of Rs.2,20,000/- though the defence was raised that the cheque was issued as security cheque. However, on bare perusal of the deposition of the respondent - accused, which has come on record vide Exhibit 70, it is clearly established that the respondent - accused had given said cheque as security cheque, which goes to indicate that the

NEUTRAL CITATION

R/CR.MA/24039/2022 ORDER DATED: 07/08/2023

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respondent had accepted the transaction, which had taken place between the parties.

3. This Court had called upon learned advocate for the respondent as to whether any amount was received by either of the parties from the respondent Company. To which, learned advocate has fairly accepted that no amount has been received till date. In the opinion of this Court, an arguable case is made out. Hence, present application for leave to appeal is allowed. Rule is made absolute.

CRIMINAL APPEAL No.2615 of 2022:

ADMIT. Learned APP waives service of Notice of admission on behalf of the respondent No.1 - State and learned advocate Mr. Shah waives service of Notice of admission on behalf of the respondent No.2 - original accused.

Registry is directed to forward the original Record and Proceedings to the concerned trial Court to expedite the process of providing the paper book before proceedings with the final hearing of the appeal.

(NISHA M. THAKORE,J) Y.N. VYAS