Bharatbhai Dhirubhai Thakkar vs State Of Gujarat
2023 Latest Caselaw 540 Guj

      R/CR.MA/21242/2022                             ORDER DATED: 17/01/2023




               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/CRIMINAL MISC.APPLICATION NO. 21242 of 2022

                     In R/CRIMINAL APPEAL NO. 2289 of 2022

                                     With
                       R/CRIMINAL APPEAL NO. 2289 of 2022
==========================================================
                           BHARATBHAI DHIRUBHAI THAKKAR
                                      Versus
                                 STATE OF GUJARAT
==========================================================
Appearance:
MR SADIK A ANSARI(5388) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS. M.H. BHATT, APP for the Respondent(s) No. 1
==========================================================

     CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE

                                 Date : 17/01/2023

                                   ORAL ORDER

ORDER IN R/CRIMINAL MISC. APPLICATION NO. 21242 of 2022

1. Heard Mr. Sadik A. Ansari, learned advocate on record for the

applicant-original complainant.

2. Rule returnable forthwith. Learned APP waives service of notice

of rule for and on behalf of respondent-State.

3. This is an application filed under sub-section (4) of Section 378

of Cr.P.C., 1973, seeking leave to appeal to challenge the judgment

and order of acquittal dated 06.10.2022 passed by learned Judicial

Magistrate First Class, Vadodara in Criminal Case No.32114 of 2019.

R/CR.MA/21242/2022 ORDER DATED: 17/01/2023

4. Mr. Sadik A. Ansari, learned advocate on record for the

applicant, has invited attention of this Court to the reasons recorded

by the trial court and has submitted that the trial court has committed

serious error of law by unnecessary shifting the burden upon the

original complainant to establish the existence of legal enforceable

debt or liability. He has further invited attention of this Court to the

fact that the accused, though being duly served, has chosen not to file

any defence and in fact his right to further statement under Section

313 of Cr.P.C. was also closed recording his absence. He, therefore,

submitted that once the signature on the disputed cheque was not

disputed, the statutory presumption available under the law in favour

of the original complainant remains.

5. Considering the grounds raised in the memo of appeal and the

aforesaid submissions canvassed by learned advocate applicant, the

present application seeking leave to appeal requires consideration

and the same is allowed. Rule is made absolute to the aforesaid

extent.

ORDER IN R/CRIMINAL APPEAL NO. 2289 of 2022

1. ADMIT. Learned APP waives service of notice of admission for

and on behalf of respondent-State.

R/CR.MA/21242/2022 ORDER DATED: 17/01/2023

2. Issue bailable warrant in the sum of Rs.10,000/- upon the

respondent No.2.

3. Registry is directed to list the criminal appeal for final hearing

on 22.02.2022.

4. Respondent No.2 be served through concerned police station.

5. Registry is directed to call for record and proceedings before

the next date of hearing.

(NISHA M. THAKORE,J) SUYASH