Rameshkumar Jumarlal Sharma vs State Of Gujarat
2023 Latest Caselaw 8607 Guj

Gujarat High Court

Rameshkumar Jumarlal Sharma vs State Of Gujarat on 12 December, 2023

                                                                                NEUTRAL CITATION




   R/CR.MA/24025/2022                              ORDER DATED: 12/12/2023

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           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 24025
                          of 2022

                  In R/CRIMINAL APPEAL NO. 2608 of 2022

                               With
                 R/CRIMINAL APPEAL NO. 2608 of 2022
                               With
            R/CRIMINAL MISC.APPLICATION NO. 2686 of 2023
                                 In
                 R/CRIMINAL APPEAL NO. 285 of 2023
                               With
                 R/CRIMINAL APPEAL NO. 285 of 2023
                               With
            R/CRIMINAL MISC.APPLICATION NO. 2687 of 2023
                                 In
                 R/CRIMINAL APPEAL NO. 286 of 2023
                               With
                 R/CRIMINAL APPEAL NO. 286 of 2023
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                        RAMESHKUMAR JUMARLAL SHARMA
                                    Versus
                              STATE OF GUJARAT
==========================================================
Appearance:
BIMAL V CHAUDHARI(9188) for the Applicant(s) No. 1
MR. BHAVIK P SHAH(6391) for the Applicant(s) No. 1
DS AFF.NOT FILED (R) for the Respondent(s) No. 2
MS DIVYANGNA JHALA APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER

                               Date : 12/12/2023

                                ORAL ORDER

Order in Criminal Misc. Applications

Learned advocate, Mr.Bhavik P. Shah, for the applicant/s submits that judgment and order passed by the learned Court

NEUTRAL CITATION

R/CR.MA/24025/2022 ORDER DATED: 12/12/2023

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only on the ground that for 3 separate transactions one promissory note being Serial Number 95 was executed. Learned advocate, Mr.Shah, produced the different promissory notes which is at serial number 95, 96 and 97, which are taken on record and from where, it transpires that learned trial Court committed an error in considering the fact that all the promissory notes are of the same serial number. Learned advocate drawn the attention of this Court with regard to the observations made that in the chief examination, it is not mentioned that promissory note was signed by accused persons. On perusing the said promissory note, it transpires that all the 3 promissory notes were signed by the respondent/s-accused. Learned advocate submitted that reply for demand notice was given by the respondent/s- accused wherein he admits the dues and the issuance of cheque, however, only contention was taken in the reply that due to financial crunch, he could not make the payment in time and he requested to extend the time for a period of 3 to 4 months. Learned advocate, Mr. Shah, submits that though presumption which is in favour of the complainant under Section 118 and 139 of the Negotiable Instruments Act, which is not rebutted by the respondent-accused by leading the probable defence, learned trial court acquitted the respondent/s from the charges.

In view of the above submissions, this Court deems it fit to allow these applications seeking leave to prefer an appeal. Hence, all these applications stand allowed and disposed of.

NEUTRAL CITATION

R/CR.MA/24025/2022 ORDER DATED: 12/12/2023

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Order in Criminal Appeals.

All three appeals are admitted.

Bailable warrant be issued against original accused for a sum of Rs.5,000/-.

Ms.Divyangna Jhala, learned APP waives service of notice of admission on behalf of respondent-State.

Record and proceedings be called for from the Court below.

Matter be listed as per seriatim.

(M. K. THAKKER,J) ASHISH M. GADHIYA