Gujarat High Court
Nitinbhai Lallubhai Patel Since ... vs State Of Gujarat on 20 December, 2023
NEUTRAL CITATION
R/CR.MA/1364/2022 ORDER DATED: 20/12/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 1364 of
2022
In
R/CRIMINAL APPEAL NO. 118 of 2022
With
R/CRIMINAL APPEAL NO. 118 of 2022
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NITINBHAI LALLUBHAI PATEL SINCE EXPIRED THROUGH HEIRS
Versus
STATE OF GUJARAT
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Appearance:
DELETED for the Applicant(s) No. 1,1.1,1.2,1.3
MR D V KANSARA(7498) for the Applicant(s) No. 2
for the Respondent(s) No. 2
MS. VRUNDA SHAH, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 20/12/2023
ORAL ORDER
ORDER IN CRIMINAL MISC. APPLICATION NO. 1364 of 2022
1. This is an application filed 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 passed by the learned 6 th
Additional Chief Judicial Magistrate, Gandhinagar dated 10.2.2020
in Criminal Case No.2135 of 2018.
2. Heard, learned advocates appearing for respective parties and
perused the impugned judgment and order of the trial Court.
3 Mr. D.V.Kansara, learned advocate for the applicant submits
NEUTRAL CITATION
R/CR.MA/1364/2022 ORDER DATED: 20/12/2023
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that amount was lended through RTGS and for that the evidence was
produced below Exh.29. Learned advocate Mr. Kansara further
submits that the complaint was filed by the Director of M/s.Mirat
Enterprise Pvt. Ltd. and the resolution was produced below Exh.28.
It is further submitted that neither issuance of the cheque or
signature was denied nor the demand notice was replied by the
respondent-accused and though the presumption which is in favour
of the complainant under Section 118 and 139 of the Negotiable
Instrument Act was not rebutted by leading the probable defence,
learned trial Court had acquitted the respondent-accused on the
ground that the complainant did not prove the case that the amount
was lended to the respondent-accused and no any authority given by
the company was produced to file the complaint to the complainant.
Mr.Kansara, learned advocate further submits that though the
complainant had proved the case and the respondent-accused failed
to rebut the presumption, the judgement and order of acquittal was
passed by the learned trial Court. Therefore, learned advocate prays
to grant the leave to prefer this appeal and to admit this 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.
NEUTRAL CITATION
R/CR.MA/1364/2022 ORDER DATED: 20/12/2023
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ORDER IN CRIMINAL APPEAL NO. 118 of 2022
1. Appeal is admitted. Ms. Vrunda Shah, learned APP waives
service of notice of admission on behalf of respondent No.1-State.
Mr. D.K.Puj, learned advocate waives service of notice of admission
for and on behalf of the respondent-accused.
2. Record and proceedings be called for from the concerned
court.
3. List this matter in seria tim.
(M. K. THAKKER,J)
BEENA SHAH
