Gujarat High Court
Sanjaybhai Mukeshbhai Raval vs State Of Gujarat on 6 December, 2023
NEUTRAL CITATION
R/CR.MA/21496/2023 ORDER DATED: 06/12/2023
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 21496
of 2023
In R/CRIMINAL APPEAL NO. 2688 of 2023
With
R/CRIMINAL APPEAL NO. 2688 of 2023
==========================================================
SANJAYBHAI MUKESHBHAI RAVAL
Versus
STATE OF GUJARAT
==========================================================
Appearance:
K T BELADIYA(9101) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS VRUNDA SHAH, ADDL.PUBLIC PROSECUTOR for the Respondent(s)
No. 1
==========================================================
CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 06/12/2023
ORAL ORDER
ORDER IN R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL)
NO. 21496 of 2023
1. Learned advocate Mr.K.T.Beladiya submits that though
the signature on the cheque was not disputed by the
respondent-accused and mere words in the nature of
probable defence i.e. the cheque was issued to one
Sanjay Gandhi and from him the complainant took the
cheque and filed the complaint, was accepted by the
learned trial Court without considering the fact that in the
cross examination, the complainant had specifically
NEUTRAL CITATION
R/CR.MA/21496/2023 ORDER DATED: 06/12/2023
undefined
denied to the suggestion that he is knowing to any
Sanjay Gandhi. There was no any further circumstances,
which were led during the cross examination to suggest
in-existence of the legally enforceable debt. Learned
advocate Mr. Beladiya further submits that the trial court
had believed the defence of the respondent-accused and
passed the judgment and order of the acquittal on the
ground that the common friend, namely, Mitul Shah was
not examined by the complainant to prove the case.
Learned advocate Mr.Beladiya submits that, in fact, it is a
duty of the accuse to rebut the presumption, which is in
favour of the complainant under Sections 118 and 139 of
the Negotiable Instruments Act, 1886 by pleading the
probable defence which may be in the nature of
preponderance of the probabilities. Barred statement
would not sufficient to exonerate the accuse from the
liability. Therefore, learned advocate Mr.Beladiya prays
that judgment and order of the trial Court requires to be
interfered with and application seeking leave to prefer an
appeal is required to be granted.
2. In view of the above submissions, this Court finds that
NEUTRAL CITATION
R/CR.MA/21496/2023 ORDER DATED: 06/12/2023
undefined
there is some arguable case and therefore, application to
prefer an appeal is required to be allowed. Hence,
present application is allowed. Leave to prefer an appeal
is granted.
ORDER IN R/CRIMINAL APPEAL NO. 2688 of 2023
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. Appeal be listed in
seriatim.
4. Service of notice to the respondent is permitted through
the concerned police station.
(M. K. THAKKER,J)
M.M.MIRZA
