Paniben Devjibhai Fofandi vs State Of Gujarat
2023 Latest Caselaw 8382 Guj

Gujarat High Court

Paniben Devjibhai Fofandi vs State Of Gujarat on 4 December, 2023

                                                                                 NEUTRAL CITATION




     R/CR.MA/20739/2023                            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. 20739
                           of 2023
            In R/CRIMINAL APPEAL NO. 2674 of 2023
                            With
              R/CRIMINAL APPEAL NO. 2674 of 2023
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                          PANIBEN DEVJIBHAI FOFANDI
                                    Versus
                              STATE OF GUJARAT
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Appearance:
MR CHINTAN S POPAT(5004) for the Applicant(s) No. 1,2,3,4,5,6,7,8
for the Respondent(s) No. 2
MS VRUNDA SHAH APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER

                               Date : 04/12/2023

                                ORAL ORDER

1. This is an application by the applicants - original complainants 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, passed by the learned Additional Chief Judicial Magistrate, Veraval dated 26.10.2023 in Criminal Case No.668 of 2020.

2. Heard learned advocates appearing for respective parties and perused the impugned judgment and order of the trial Court.

3. Learned advocate Mr.C.S. Popat submits that the signature on the cheque and business transactions were not disputed by the respondent - accused. The learned trial Court had acquitted the respondent - accused on the ground that the transactions which were carried out was of either of the son of the complainant or of complainant is not clarify. Learned advocate Mr.Popat further

NEUTRAL CITATION

R/CR.MA/20739/2023 ORDER DATED: 04/12/2023

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submits that though the presumption, which was in favour of the complainant, was not rebutted by the respondent - accused by leading the evidence which may be in the nature of preponderance of probability by the respondent - accused, the learned trial Court had acquitted the respondent - accused and therefore, he prays to grant leave to prefer an appeal and to admit the appeal.

4. Considering the avernments made in the application and submissions made by the learned advocate Mr.Popat, appearing for the applicants, this Court finds that there is some arguable case in favour of the applicants, therefore, leave, as prayed for, is granted. This application is allowed.

ORDER IN CRIMINAL APPEAL:

1. The appeal is admitted. Learned A.P.P. waives service of notice of admission on behalf of respondent - State.

2. Issue bailable warrant in the sum of Rs.5,000/- (Rupees Five Thousand only) against the respondent - 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) Hitesh