Gujarat High Court
Rakesh Natvarlal Desai Thro Poa Of ... vs State Of Gujarat on 25 August, 2023
Bench: Nisha M. Thakore
NEUTRAL CITATION
R/CR.MA/7759/2022 ORDER DATED: 25/08/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 7759 of 2022
In R/CRIMINAL APPEAL NO. 846 of 2022
With
R/CRIMINAL APPEAL NO. 846 of 2022
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RAKESH NATVARLAL DESAI THRO POA OF SANGEETABEN PARIKSHIT
MEHTA
Versus
STATE OF GUJARAT
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Appearance:
MR P P MAJMUDAR(5284) for the Applicant(s) No. 1
KARTIKKUMAR K JOSHI(8042) for the Respondent(s) No. 2
MS MONALI BHATT ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 25/08/2023
ORAL ORDER
1. Heard Mr. P.P. Majmudar, learned advocate for the applicant
- original complainant, Mr. Kartikkumar Joshi, learned advocate for
the respondent No.2 - original accused. Ms. Monali Bhatt, learned
APP has appeared on behalf of the respondent No.1 - State.
2. Rule returnable forthwith. Learned APP waives service of
Rule on behalf of the respondent No.1 - State and learned
advocate waives service of Rule on behalf of the respondent No.2.
3. This application is filed under Section 378(4) of the Code of
Criminal Procedure, seeking leave to appeal against the judgment
and order dated 20.01.2022 passed by the learned 6 th Additional
Chief Judicial Magistrate, Vadodara, in Criminal Case No.10329 of
2017. By the said judgment and order, the learned Magistrate has
NEUTRAL CITATION
R/CR.MA/7759/2022 ORDER DATED: 25/08/2023
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proceeded to record the acquittal of the present respondent No.2
for the offence punishable under Section 138 of the Negotiable
Instruments Act.
4. Learned advocate for the applicant, at the outset, has invited
attention of this Court to the "Kabuliyat / Bahedharikhat" executed
by the present respondent in favour of Sujata Developers and its
partners including the present complainant. The attention of this
Court is drawn to the recital of the said document, which has been
produced at Exhibit 11. It is submitted that the close examination
of the aforesaid document clearly indicates that the disputed
cheque No.541286 for an amount of Rs.13,90,200/- dated 31.12.
2016 was handed over to the original complainant - Manjulaben
Desai towards the legally enforceable debts. Learned advocate,
therefore, submitted that the learned Magistrate had committed
gross error in not appreciating the aforesaid evidence, which has
been brought on record by the complainant, while recording the
findings that the complainant has failed to prove her case that the
disputed cheque was given towards existing legally enforceable
debt.
5. Considering the submissions of the learned advocate for the
applicant and having perused the impugned judgment and order
as well as the document relied upon by the learned advocate,
prima facie, this Court finds that present application seeking leave
to appeal requires consideration. Hence, this application is
allowed. Rule is made absolute.
NEUTRAL CITATION
R/CR.MA/7759/2022 ORDER DATED: 25/08/2023
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CRIMINAL APPEAL No. 846 of 2022:
ADMIT. Learned APP waives service of Notice of admission
on behalf of the respondent No.1 State. Learned advocate Mr.
Joshi waives service of Notice of admission on behalf of the
respondent No.2 - accused.
Let R & P be called for.
(NISHA M. THAKORE,J)
Y.N. VYAS
