Gujarat High Court
Harshad Jivanbhai Badeja vs State Of Gujarat on 6 December, 2023
NEUTRAL CITATION
R/CR.MA/3896/2023 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. 3896 of
2023
In R/CRIMINAL APPEAL NO. 434 of 2023
With
R/CRIMINAL APPEAL NO. 434 of 2023
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HARSHAD JIVANBHAI BADEJA
Versus
STATE OF GUJARAT
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Appearance:
MS SHUBHA B TRIPATHI(5597) for the Applicant(s) No. 1
MS VRUNDA SHAH, ADDL.PUBLIC PROSECUTOR for the Respondent(s)
No. 1
RULE UNSERVED for the Respondent(s) No. 2
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 06/12/2023
ORAL ORDER
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 3896 of
1. Learned advocate Mr.Shubha Tripathi submits that the
judgment and order of the acquittal was passed by the
learned trial Court relying upon the bare words of the
respondent-accused that the disputed cheque was taken
by the complainant by issuing the threats. Learned
advocate Ms.Tripathi submits that the respondent-
accused was the Area Sales Manager, Sales Manager of
Reliance General Insurance Company and the
complainant was collecting the premium amount and
sending through the Aangadiya to the respondent-
accused for issuance of the policy. The respondent-
accused fails to make the payment of the policy and
NEUTRAL CITATION
R/CR.MA/3896/2023 ORDER DATED: 06/12/2023
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therefore, insurance company had not insured vehicles of
the number of persons and therefore, the complaint was
filed against the present complainant and the
respondent-accused for the offences punishable under
Sections 409 and 114 of the Indian Penal Code before the
Kamla Baug Police Station, District Porbandar.
2. Learned advocate Ms.Tripathi further draws the attention
of this Court with regard to the cross examination
conducted by the respondent-accused from where it
transpires that the complainant used to deduct the
amount from the premium of the commission and
thereafter used to send the same to the respondent-
accused for taking the insurance. It further comes on the
record that due to default of the respondent-accused, the
complainant had paid the amount of Rs.7,50,000/- to
number of peoples and for the repayment of the said
amount, the disputed cheque was issued by the
respondent-accused. Learned advocate, Ms.Tripathi
further submits that the learned trial Court had acquitted
the respondent-accused from the charges without
considering the fact that issuance of the cheque as well
NEUTRAL CITATION
R/CR.MA/3896/2023 ORDER DATED: 06/12/2023
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as the signature was not disputed by the respondent-
accused and the presumption, which was in favour of the
complainant was not rebutted and therefore, learned
advocate Ms.Tripathi submits that present application
seeking leave to prefer an appeal requires to be allowed
and appeal be admitted.
3. In view of these submissions, this Court finds that there is
a some arguable case and therefore, application seeking
leave to prefer an appeal requires to be allowed. Hence,
present application is allowed. Leave to prefer an appeal
is granted.
ORDER IN R/CRIMINAL APPEAL NO. 434 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.
(M. K. THAKKER,J)
M.M.MIRZA
