Jigneshbhai Govindbhai Patel vs State Of Gujarat
2023 Latest Caselaw 8608 Guj

Gujarat High Court

Jigneshbhai Govindbhai Patel vs State Of Gujarat on 12 December, 2023

                                                                                  NEUTRAL CITATION




     R/CR.MA/3171/2023                               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. 3171 of
                            2023

                    In R/CRIMINAL APPEAL NO. 356 of 2023

                                       With
                         R/CRIMINAL APPEAL NO. 356 of 2023
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                          JIGNESHBHAI GOVINDBHAI PATEL
                                      Versus
                                STATE OF GUJARAT
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Appearance:
NIYANT R BHIMANI(8000) for the Applicant(s) No. 1
MR RIDDHESH TRIVEDI(6581) for the Respondent(s) No. 2
MS DIVYANGNA JHALA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER

                                Date : 12/12/2023

                            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

23.12.2022 passed by the learned Chief Judicial Magistrate,

Rajpipla in Criminal Case No.1175 of 2018.

NEUTRAL CITATION

R/CR.MA/3171/2023 ORDER DATED: 12/12/2023

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2. Heard, learned advocates appearing for respective

parties and perused the impugned judgment and order of the

trial Court.

3. Mr. Niyant Bhimani, learned advocate for the applicant

submits that the complainant is having the income of the

rented shop situated at Purani Park Shopping Center and also

having agricultural income. The hand-loan, which was given,

against which, the cheque was issued, was not disputed by the

respondent - accused and in-fact, in the cross-examination, a

question was put to the complainant that earlier also, for 7 to

8 times, the complainant had lended money to the respondent

- accused. Learned advocate further submits that the learned

trial Court committed grave error on fact in observing non-

production of the acknowledgment receipt or non-examination

of the Officer from the Postal Department, in-fact, the

acknowledgment receipt was placed below Exh.17 and

R.P.A.D. slip was produced at Exh.16. Learned advocate

further submit that though the demand notice was served to

the respondent - accused, neither the respondent - accused

had complied with the notice nor replied to the complainant.

NEUTRAL CITATION

R/CR.MA/3171/2023 ORDER DATED: 12/12/2023

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Learned advocate further submits that the transactions were

not disputed neither the issuance of the cheque was disputed

and though the respondent - accused remain failed in

rebutting the presumption, which is in favour of the

complainant, the learned trial Court had acquitted the

respondent - accused without any cogent reason. Therefore,

prays to grant the Leave to prefer an 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.

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.

NEUTRAL CITATION

R/CR.MA/3171/2023 ORDER DATED: 12/12/2023

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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