Gujarat High Court
Gujarat State Cooperative ... vs Bhalabhai Gelabhai Harijan on 27 June, 2023
Bench: Nisha M. Thakore
R/CR.MA/2600/2023 ORDER DATED: 27/06/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 2600 of 2023
In R/CRIMINAL APPEAL NO. 278 of 2023
With
R/CRIMINAL APPEAL NO. 278 of 2023
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GUJARAT STATE COOPERATIVE AGRICULTURE AND RURAL
DEVELOPMENT BANK LTD THRO SENDHABHAI VALABHAI PATEL
Versus
BHALABHAI GELABHAI HARIJAN
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Appearance:
MR RUTVIJ S OZA(5594) for the Applicant(s) No. 1
MR MUNJAL V ACHARYA(10678) for the Respondent(s) No. 1
Ms. Jirga Jhaveri, Addl. PUBLIC PROSECUTOR for the Respondent(s)
No. 2
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CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 27/06/2023
ORAL ORDER
Order in Criminal Misc. Application No.2600 of 2023
1.0. Heard Mr. Rutvij Oza, learned advocate for the applicant
and Mr. Munjal Acharya, learned advocate for the opponent
no.1- original accused.
2.0. This application is filed under Section 378(4) of the Code
of Criminal Procedure, 1973 seeking leave to appeal against the
impugned judgment and order of acquittal dated 29.09.2022
passed by the learned Additional Chief Judicial Magistrate, First
Class, Surendranagar in Criminal Case No.1942 of 2018. By the
said judgment and order, the learned Magistrate has proceeded
to record the acquittal of opponent no.1 herein - original
accused for the offence punishable under Section 138 of the
R/CR.MA/2600/2023 ORDER DATED: 27/06/2023
Negotiable Instruments Act.
3.0. Mr.Oza, learned advocate for the applicant has invited
attention of this Court to the reason assigned by the learned
Magistrate while recording order of acquittal. He has placed
reliance upon the statement of account of the loan transaction
entered with the respondent no.1 which has been brought on
record vide Exhs. 27 and 28. He has submitted that statement of
account is maintained by the applicant bank. It emerges from
the said statement of account that outstanding amount as on
the date of 31.3.2018 was Rs.11,29,561/- and the disputed
cheque was issued by the respondent- accused for the aforesaid
account in the month of July 2018. On perusal of the aforesaid
documents, prima facie, the Court notices that the matter
requires consideration. Hence, the present application is
allowed and Leave to Appeal, as prayed for, is hereby granted.
Order in Criminal Appeal:
Appeal is admitted. Mr. Munjal Acharya, learned advocate
waives service of admission on behalf of respondent no.1 and
Ms. Jhaveri, learned Additional Public Prosecutor waive service
of admission on behalf of the respondent State.
Registry is directed to call for the Record and Proceedings
of the case from the concerned Court.
(NISHA M. THAKORE,J)
KAUSHIK J. RATHOD
