Gujarat High Court
Kudol Arbuda Bachat Ane Ghirana ... vs Katara Bhalabhai Dolabhai on 4 December, 2023
NEUTRAL CITATION
R/CR.MA/10154/2023 ORDER DATED: 04/12/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 10154
of 2023
In R/CRIMINAL APPEAL NO. 1318 of 2023
With
R/CRIMINAL APPEAL NO. 1318 of 2023
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KUDOL ARBUDA BACHAT ANE GHIRANA SAHAKARI MANDLI LTD. THRO
CHETANKUMAR SOMABHAI PATEL
Versus
KATARA BHALABHAI DOLABHAI
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Appearance:
VATSAL S PARIKH(7452) for the Applicant(s) No. 1
MS VRUNDA SHAH, APP PUBLIC PROSECUTOR for the Respondent(s)
No. 2
RULE SERVED for the Respondent(s) No. 1
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 04/12/2023
COMMON ORAL ORDER
ORDER IN CRIMINAL MISC. APPLICATION:
1. This is an application by the applicant - original
complainant under Section 378(4) of the Code of Criminal
Procedure, 1973, seeking leave of this Court to present an
appeal against the judgment and order of acquittal dated
23.01.2023 passed by the learned Additional Judicial
Magistrate First Class, Modasa in Criminal Case No.706 of
NEUTRAL CITATION
R/CR.MA/10154/2023 ORDER DATED: 04/12/2023
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2022.
2. Heard, learned advocates appearing for respective
parties and perused the impugned judgment and order of the
trial Court.
3. Mr. Vatsal Parikh, learned Advocate submits that the
judgment and order of the learned trial Court was passed
mainly on the ground that the village where the accused is
staying, does not fall into the territory of the applicant -
Mandali and therefore, there is no power with the applicant -
Mandali to give loan to the respondent-accused. Learned
advocate drawn the attention of this Court with regard to the
observation made in the judgment, from where, it is
transpired that with regard to the loan; issuance of the
cheque; signature on the cheque and outstanding, there is no
dispute raised by the respondent - accused, however, only the
dispute raised is that though the village of the accused
viz.Odha does not fall under the territory of the Mandali, then
also, the loan was sanctioned by the Mandali. Learned
advocate had drawn attention of this Court with regard to the
NEUTRAL CITATION
R/CR.MA/10154/2023 ORDER DATED: 04/12/2023
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Exh.22 - a letter of guarantee, where, the place of the
residence is mentioned as Umedpur (Odha). Learned advocate
had further drawn attention of this Court with regard to the
resolution passed by the Society, wherein, the village
viz.Umedpur is covered. Learned advocate further submits
that though the respondent - accused fails to rebut the
presumption, which is in favour of the complainant under
Section-118 and 139 of the N.I. Act, the judgment and order of
the acquittal is passed by the learned trial court and
therefore, he prays to grant the leave to prefer an appeal and
admit the criminal appeal.
4. Considering the avernments made in the application and
submissions made by the learned advocates appearing for the
respective parties, this Court finds that there is some
arguable case in favour of the applicant, therefore, leave, as
prayed for, is granted. This application is allowed.
ORDER IN CRIMINAL APPEAL:
1. The appeal is admitted. Learned APP waives service of
notice of admission on behalf of respondent - State.
NEUTRAL CITATION
R/CR.MA/10154/2023 ORDER DATED: 04/12/2023
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2. Issue bailable warrant in the sum of Rs.5,000/- (Rupees
Five Thousand only) against the respondent No.2 - original
accused.
3. Record and proceedings be called for from the
concerned court. Registry is directed to list the Criminal
Appeal in seriatim.
(M. K. THAKKER,J)
A. B. VAGHELA
