Nitin Ishavarbhai Kadhiwala vs State Of Gujarat
2023 Latest Caselaw 4840 Guj

     R/CR.MA/9300/2023                             ORDER DATED: 22/06/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 9300 of 2023

                    In R/CRIMINAL APPEAL NO. 1190 of 2023

                                 With
                   R/CRIMINAL APPEAL NO. 1190 of 2023
                                 With
              R/CRIMINAL MISC.APPLICATION NO. 9302 of 2023
                                   In
                    CRIMINAL APPEAL NO. 1191 of 2023
                                 With
                   R/CRIMINAL APPEAL NO. 1191 of 2023
                                 With
              R/CRIMINAL MISC.APPLICATION NO. 9304 of 2023
                                   In
                    CRIMINAL APPEAL NO. 1192 of 2023
                                 With
                   R/CRIMINAL APPEAL NO. 1192 of 2023
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                         NITIN ISHAVARBHAI KADHIWALA
                                     Versus
                               STATE OF GUJARAT
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Appearance:
MR NAUMAN S QURESHI(10669) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS VRUNDA SHAH ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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 CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE

                               Date : 22/06/2023

                            COMMON ORAL ORDER

1. Rule returnable forthwith. Learned APP waives service of Rule on behalf of the respondent No.1 - State.

2. Heard Mr. Shakeel Qureshi, learned advocate with Mr. Nauman S. Qureshi, learned advocate for the applicant - original complainant. He has invited attention of this Court to the reasons recorded by the trial Court, thereby recording the impugned order of acquittal. He has submitted that sufficient evidence has come on

R/CR.MA/9300/2023 ORDER DATED: 22/06/2023

record in the form of bills vide Exhibit 12, 13, 14 and 15 and the challans against the said bills, which are not admitted as evidence, are produced on record vide Mark T/12, T/13, T/14 and T/15. He has submitted that against the original bills though computer generated bills are brought on record. The same are required to be exhibited as evidence and admissibility of such electronic record does not require certificate as observed by the learned Magistrate under Section 65(b) of the Indian Evidence Act. He has further submitted that Certificate under Section 65(b) issued by his Chartered Accountant has been brought on record with reference to the ITR details placed on record. The appreciation of the aforesaid documents corroborates the bills and challans forming part of the regular account maintained by the original complainant. He therefore, submitted that the learned Magistrate committed gross error in not appreciating the aforesaid evidence. He urged this Court to grant leave to appeal.

3. Having heard the learned advocates for the applicant - original complainant and having perused the impugned judgment and order as well as documents placed for consideration, prima facie, this Court finds that the appeal requires consideration. Hence, leave to appeal is granted. Rule is made absolute.

CRIMINAL APPEAL Nos.1190 of 2023, 1191 of 2023 AND 1192 OF 203:

ADMIT. Learned APP waives service of notice of admission on behalf of the respondent No.1 - State.

R/CR.MA/9300/2023 ORDER DATED: 22/06/2023

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

Let Record and Proceedings be called for.

(NISHA M. THAKORE,J) Y.N. VYAS