Gujarat High Court
Prakashchand Sajjanraj Chhajed vs State Of Gujarat on 6 December, 2023
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R/CR.MA/13579/2023 ORDER DATED: 06/12/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 13579
of 2023
In R/CRIMINAL APPEAL NO. 2697 of 2023
With
R/CRIMINAL APPEAL NO. 2697 of 2023
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PRAKASHCHAND SAJJANRAJ CHHAJED
Versus
STATE OF GUJARAT
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Appearance:
YUVRAJ G THAKORE(7785) for the Applicant(s) No. 1
MS VRUNDA C SHAH, APP for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 06/12/2023
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
23.05.2023 passed by the learned Metropolitan Magistrate
Special Negotiable Instrument Court No.36, Ahmedabad in
Criminal Case No.3700293 of 2015.
2. Heard, learned advocates appearing for respective
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parties and perused the impugned judgment and order of the
trial Court.
3. Mr. Yuvraj Thakore, learned advocate for the applicant
submits that the complainant was having another two sister
concern firms, which are also in the business of finance and
making finance to the respondent accused in the year 2010,
after clearing the dues of the sister concern, present
complainant make a finance to the respondent accused in the
year 2012 and for which, learned advocate relies on the
Exh.16, from where, it transpired that the amount of
Rs.1,25,000/- was received by the respondent - accused from
the Chhajed Motors and signature was also made on the said
receipt, which was part of the compilation at Page-31.
Learned advocate further drawn attention of this Court to
receipt issued by the Angadia Pedhi, which were produced
below Exh.43, 44, 45 & 46 showing that after 2012, the
amount was paid to the Chhajed Motors in the year 2015
around Rs.65,000/-. Learned advocate further relies on the
sale agreement, which was executed by the respondent -
accused with the third party, wherein also, the reference of
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the amount of-course with regard to sister concern was made
by the respondent - accused. Learned advocate further
submits that the judgment and order passed by the learned
trial Court on the ground that there was no any dues with
regard to the loan given by the complainant. Learned
advocate further submits that there was signature on the
cheque as well as issuance of the cheque was not disputed by
the respondent - accused, neither through any evidence nor
through any circumstance. The another ground, which was
given for acquittal by the learned trial Court is that the
complainant has failed to prove that he is the proprietor of the
Chhajed Motors. Learned advocate draws the attention of this
Court with regard to the certificate issued by the bank below
Exh.57 showing that the account was open with the Uco Bank
in the name of Chhajed Motors and the name of the
complainant was mentioned as a Proprietor. Learned advocate
further submits that though the presumption, which is in
favour of the complainant under Sections-118 and 139 of the
N.I. Act, was not rebutted by the accused, the learned trial
Court had passed the judgment and order of acquittal and
therefore, it was prayed to allow the Leave to prefer an
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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. Rule is
made absolute to the aforesaid extent.
ORDER IN CRIMINAL APPEAL:
1. The appeal is admitted. Learned APP 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)
A. B. VAGHELA
