Chiragbhai Girishbhai Bhunatar vs State Of Gujarat
2023 Latest Caselaw 912 Guj

     R/CR.MA/1786/2023                                       ORDER DATED: 06/02/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 1786 of 2023

                    In R/CRIMINAL APPEAL NO. 208 of 2023

                                       With
                         R/CRIMINAL APPEAL NO. 208 of 2023
==========================================================
                         CHIRAGBHAI GIRISHBHAI BHUNATAR
                                      Versus
                               STATE OF GUJARAT
==========================================================
Appearance:
MR ASHISH M DAGLI(2203) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS ASMITA PATEL ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
==========================================================

 CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE

                                  Date : 06/02/2023

                                   ORAL ORDER

Criminal Misc. Application No. 1786 of 2023.

Heard Mr. Viral Vyas learned advocate who has appeared on behalf of Mr. Ashish M. Dagli learned advocate on record for the applicant-original complainant.

2. This is an application seeking Leave to Appeal filed under Section 378 of the Criminal Procedure Code challenging the judgment and order of acquittal dated 13.12.2022 passed by the learned Special Metropolitan Magistrate Court, N.I Act, Court, Ahmedanad in Criminal Case No. 3200976 (old Criminal Case No. 4132

R/CR.MA/1786/2023 ORDER DATED: 06/02/2023

of 2008) dated 13. 12.2022.

3. Learned advocate Mr. Dagli on record for the applicant-original complainant has invited the attention of this Court to the reasons recorded by the learned Trial Court and has submitted that the learned Trial Court on assumption has rebutted the statutory presumption raised in favour of the complainant. He further submitted that the complainant has lent the amount of Rs 2,50,000/- to the respondent as the accused was doing job in the office of the father of the complainant and they were knowing each other. He further submitted that statutory notice was given to the accused and the accused had even not replied to the statutory notice. In such circumstances, the complainant was constrained to approach the concerned Court by lodging complaint for the offences punishable under Section 138 of the Negotiable Instruments Act. He further submitted that at no stage the accused has disputed his signature on the cheque. The only defence which has come on record is in the form of Section 313 statement of the accused wherein the defence of misuse of cheque is raised before the Trial Court. He further submitted that no material in the form of any complaint being lodged against the missing cheque has been brought on record by the accused. He,

R/CR.MA/1786/2023 ORDER DATED: 06/02/2023

therefore, urged this Court to grant Leave to Appeal.

4. Considering the grounds raised in the memo of Appeal and the submissions made by learned advocate for the complainant, the present application seeking Leave to Appeal is allowed.

Criminal Appeal No. 208 of 2023

Appeal is Admitted. Learned Additional Public Prosecutor waives service of notice of admission on behalf of respondent-State.

Issue bailable warrant in the sum of Rs. 10,000/- against respondent No.2 accused.

R & P be called for.

(NISHA M. THAKORE,J) MARY VADAKKAN