S.K.Trading Owner - Kharodawala ... vs Jamiya Polutry Feed Owner - ...
2023 Latest Caselaw 1973 Guj

      R/CR.MA/13336/2022                                ORDER DATED: 01/03/2023




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/CRIMINAL MISC.APPLICATION NO. 13336 of 2022

                     In R/CRIMINAL APPEAL NO. 1438 of 2022
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 S.K.TRADING OWNER - KHARODAWALA AMTA ABBASI W/O ABBASI
                      KHARODAWALA
                          Versus
JAMIYA POLUTRY FEED OWNER - LIYAKAT ABDULHAMID SHREYASYA
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Appearance:
URJA B DAVE(7461) for the Applicant(s) No. 1
MR. ANKUR OZA, ADVOCATE for the Respondent(s) No. 1
MS. ASMITA PATEL, APP, for the Respondent(s) No. 2
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  CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE

                               Date : 01/03/2023
                                ORAL ORDER

[1] Rule. Learned Additional Public Prosecutor waives service of rule on behalf of respondent-State.

[2] The present application is filed by the applicant for special leave to appeal against the acquittal recorded vide order dated 01.01.2020 in Criminal Case No.1888 of 2017 by the Additional Judicial Magistrate First Class, Dahod. By the aforesaid judgment and order, the respondent- accused was acquitted of the offence under Section 138 of the Negotiable Instrument Act. It is a case where the applicant was supplier of good against which the alleged cheques have been issued.

[3] Learned advocate for the applicant submits that the error is committed on the ground that the respondent-accused had successfully rebutted the presumption on the ground that certain denials have been recorded in the evidence of the complainant. In the opinion of the Court, such cannot be the ground so as to conclude that statutory presumption is successfully rebutted by the accused.

R/CR.MA/13336/2022 ORDER DATED: 01/03/2023

[4] Learned advocate for the respondent-accused has submitted that though the claim of the applicant is of supply of goods, there is nothing on record including any statement of account, bills or vouchers so as to support such supply.

[5] In view of the aforesaid, Special Leave to Appeal is granted. Accordingly, present Criminal Misc. Application stands allowed . Rule is made absolute accordingly.

(A.Y. KOGJE, J) SIDDHARTH