Udavat Kiransinh Balvantsinh vs State Of Gujarat
2023 Latest Caselaw 1994 Guj

      R/CR.MA/3187/2022                               ORDER DATED: 01/03/2023




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/CRIMINAL MISC.APPLICATION NO. 3187 of 2022

                     In R/CRIMINAL APPEAL NO. 334 of 2022
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                          UDAVAT KIRANSINH BALVANTSINH
                                     Versus
                               STATE OF GUJARAT
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Appearance:
MR DA SANKHESARA(5955) for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2
MR. H.K.PATEL, APP,for the Respondent(s) No. 1
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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 18.01.2021 in Criminal Case No.126 of 2016 by the Additional Chief Judicial Magistrate, Idar.

[3] Learned advocate for the applicant submits that in the impugned judgment, the Court has erroneously arrived at a conclusion that there is no legally enforceable debt as on the date on which the applicant has allegedly given a loan of Rs.2,50,000/-, at that time, the respondent- accused was on duty and could not have left his duty place by virtue of the nature of his duty as constable in SRP. It is however, submitted that the trial Court has committed an error in not taking into consideration the statutory presumption, more particularly when there is no dispute with regard to the cheque and the signature of the respondent-accused.

R/CR.MA/3187/2022 ORDER DATED: 01/03/2023

[4] Learned advocate for the respondent-accused has drawn attention of this Court to the evidence in connection with the presence of the respondent-accused on duty by placing on record his attendance sheet.

[5] In view of the aforesaid and more particularly where the presumption with regard to the existing of legally enforceable debt, has not been eliminated by the defense and as there is no explanation with regard to the issuance of the cheque and the same being placed on record from the custody of the applicant.

[6] 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