Pandya Sunilkumar Ramanlal vs State Of Gujarat
2023 Latest Caselaw 6127 Guj

                                                                                NEUTRAL CITATION




     R/CR.MA/9545/2023                             ORDER DATED: 21/08/2023

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            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 9545 of 2023

                    In R/CRIMINAL APPEAL NO. 1240 of 2023

                                   With
                     R/CRIMINAL APPEAL NO. 1240 of 2023
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                         PANDYA SUNILKUMAR RAMANLAL
                                    Versus
                              STATE OF GUJARAT
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Appearance:
MR VIRAL VYAS FOR MR ASHISH M DAGLI(2203) for the Applicant(s) No. 1
MS VRUNDA SHAH ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
RULE SERVED for the Respondent(s) No. 2
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 CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE

                               Date : 21/08/2023

                                ORAL ORDER

1. Heard Mr. Viral Vyas, learned advocate for Mr. Ashish Dagli, learned advocate on record for the applicant - original complainant and Mr. Biren Panchal, learned advocate for the respondent No.2

- original accused. Learned APP Ms. Shah has appeared for the respondent No.1 - State.

2. This application is filed under Section 378(4) of the Code of Criminal Procedure, seeking leave to appeal against the judgment and order dated 04.03.2023 passed by the learned 2 nd Additional Judicial Magistrate, Vijapur, in Criminal Case No.1278 of 2019, acquitting the present respondent- accused for the offence punishable under Section 138 of the Negotiable Instruments Act.

3. Having heard the learned advocates appearing for the

NEUTRAL CITATION

R/CR.MA/9545/2023 ORDER DATED: 21/08/2023

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respective parties and having perused the impugned order, prima facie, the Court finds that the defence, which has been raised by the respondent - accused as reflected in his statement under Section 313 of Cr. P.C., is that the complainant has lodged false complaint and no such amount has been given by the complainant to the accused. It is further contended that the details have been falsely included by the complainant in the cheque. The attention of this Court is invited to the reasons recorded by the learned Magistrate. Prima facie, the Court notices that the presumption arose in favour of the complainant by virtue of statutory provisions has remained intact and is not rebutted. In the opinion of this Court, the matter requires consideration. Hence, this application seeking leave to appeal is granted.

CRIMINAL APPEAL No.1240 of 2023:

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

Let R & P be called for.

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