Rajeshkumar Hiralal Patel vs State Of Gujarat
2023 Latest Caselaw 311 Guj

   R/CR.MA/20173/2022                                      ORDER DATED: 11/01/2023




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
         R/CRIMINAL MISC.APPLICATION NO. 20173 of 2022
              In R/CRIMINAL APPEAL NO. 2187 of 2022
                              With
               R/CRIMINAL APPEAL NO. 2187 of 2022
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                        RAJESHKUMAR HIRALAL PATEL
                                 Versus
                            STATE OF GUJARAT
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Appearance:
HARDIK J GAJJAR(8718) for the Applicant(s) No. 1
MR. VANRAJSINH M DAMORE(3787) for the Applicant(s) No. 1
for the Respondent(s) No. 2
Ms. Monali Bhatt, Addl. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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 CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
                  Date : 11/01/2023
                    ORAL ORDER

Heard Mr.Hardik Gajjar, learned advocate for the applicant- original informant. This is an application seeking leave to appeal filed under Section 378(4) of the Code of Criminal Procedure to challenge the judgment and order of acquittal dated 22.09.2022 passed by the learned Additional Chief Judicial Magistrate, Mehsana in Criminal Case No.7591 of 2019. Mr. Gajjar, learned advocate for the applicant has invited attention of this Court to the paper book and has referred to the cheque dated 9.10.2019 signed by one Brijesh Navinkumar Patel and submitted that the learned trial Court below has recorded incorrect finding upon appreciation of evidence of the complainant with regard to the complaint filed for cheque returned against the present accused. He further submitted that the complainant has in fact offered explanation to the question put in cross-examination as regard his financial ability. He relied

R/CR.MA/20173/2022 ORDER DATED: 11/01/2023

upon the evidence in the form of copy of sale deed of house which is brought on record at Exh.24 and copy of sale deed of ancestral land at Exh,25 and submitted that the amount received from the sale transactions were given to the present respondent no.2 - original accused. He, therefore, submitted that the trial Court committed error in recording order of acquittal. Considering his submission, matter requires consideration. Hence, present application is allowed and Leave to Appeal, as prayed for, is hereby granted.

Order in Criminal Appeal

The appeal is admitted. Learned Additional Public Prosecutor waives service of notice of admission on behalf of respondent-State.

Issue bailable warrant in sum of Rs.10,000/- against private respondent no.2.

Registry to call for Record and Proceedings

(NISHA M. THAKORE,J) KAUSHIK J. RATHOD