Gujarat High Court
Arman Financial Services Ltd Thro ... vs State Of Gujarat on 18 December, 2023
NEUTRAL CITATION
R/CR.MA/7028/2023 ORDER DATED: 18/12/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 7028 of
2023
In R/CRIMINAL APPEAL NO. 960 of 2023
With
R/CRIMINAL APPEAL NO. 960 of 2023
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ARMAN FINANCIAL SERVICES LTD THRO MITESHBHAI
DINESHCHANDRA PARIKH
Versus
STATE OF GUJARAT
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Appearance:
ABHISST K THAKER(7010) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3
MS VRUNDA C SHAH, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 18/12/2023
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 14.03.2023
passed by the learned Additional Chief Metropolitan
Magistrate, N.I. Court, Ahmedabad in Criminal Case
No.74559 of 2021.
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R/CR.MA/7028/2023 ORDER DATED: 18/12/2023
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2. Heard, learned advocates appearing for respective
parties and perused the impugned judgment and order of the
trial Court.
3. Learned advocate Mr. Abhisst Thaker for the applicant -
original complainant submits that the judgment and order of
acquittal was passed by the learned trial Court on two
grounds; one is that no authorization was given by the
complainant - company to the complainant and second is,
there is no signature in the agreement of both sides. Learned
advocate had drawn attention of this Court with regard to the
Exh.12, 13 and 14, which are part of the paper-book, wherein,
it transpired that the agreement was signed by the respondent
- accused, which was executed in the month of August, 2018.
From the Exh.14, it transpired that undertaking was executed
by the respondent - accused with regard to the payment and
interest mentioned in the complaint. Learned advocate further
drawn the attention of this Court with regard to the evidence
of the Bank Officer, who was examined below Exh.32 and
produced the bank statment showing that amount of
NEUTRAL CITATION
R/CR.MA/7028/2023 ORDER DATED: 18/12/2023
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Rs.40,00,000/- was transferred on 23.08.2018 by cheque
no.636697 in the account of respondent - accused. Learned
advocate submits that though the respondent - accused had
not lead any probable defence neither produced any evidence,
which may be in the standard of the preponderance of the
probabilities, the learned trial Court had disbelieved the
complainant case and acquitted the respondent - accused.
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/7028/2023 ORDER DATED: 18/12/2023
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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
