Gujarat High Court
Ashokbhai Rameshbhai Darji vs State Of Gujarat on 13 December, 2023
NEUTRAL CITATION
R/CR.MA/3856/2023 ORDER DATED: 13/12/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 3856 of
2023
In R/CRIMINAL APPEAL NO. 428 of 2023
With
R/CRIMINAL APPEAL NO. 428 of 2023
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ASHOKBHAI RAMESHBHAI DARJI
Versus
STATE OF GUJARAT
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Appearance:
MR VIVEK V BHAMARE(6710) for the Applicant(s) No. 1
B P PATEL(7510) 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 : 13/12/2023
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
06.01.2023 passed by the learned Chief Judicial Magistrate,
Patan in Criminal Case No.1875 of 2017.
NEUTRAL CITATION
R/CR.MA/3856/2023 ORDER DATED: 13/12/2023
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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. Vivek Bhamare, learned advocate for the applicant -
original complainant submits that though the issuance of the
cheque and signature on the cheque was not disputed, and
neither the demand notice was replied by the respondent -
accused, mere bare words were accepted of the respondent -
accused, the learned trial Court had acquitted the respondent
- accused. Learned advocate further draws attention of this
Court with regard to the cross-examination of the complainant
and the reasons assigned by the learned trial Court for
acquitting the respondent - accused that the complainant fails
to prove the case. It is submitted by the learned advocate that
though the presumption, which was in favour of the
complainant under Section-118 and 139 of the N.I. Act, was
not rebutted by the respondent - accused, the burden was
shifted on the complainant to prove the case. Learned
advocate further submits that minor discrepancies were given
more weightage while acquitting the respondent - accused
NEUTRAL CITATION
R/CR.MA/3856/2023 ORDER DATED: 13/12/2023
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and therefore, he prays to grant the Leave to prefer an appeal
and to admit the 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 no.1 - State. Mr.
B.P. Patel, learned advocate waives service of notice of
admission on behalf of respondent no.2 - accused.
2. 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
