The Vijay Sales Agency, Thro Patel ... vs State Of Gujarat
2023 Latest Caselaw 2055 Guj

   R/CR.MA/5758/2021                               ORDER DATED: 03/03/2023




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


           R/CRIMINAL MISC.APPLICATION NO. 5758 of 2021
                               With
                 R/CRIMINAL APPEAL NO. 531 of 2023

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       THE VIJAY SALES AGENCY, THRO PATEL SAILESHKUMAR
                        RAMESHCHANDRA
                             Versus
                       STATE OF GUJARAT
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Appearance:
MR KAMLESH S KOTAI(6150) 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 : 03/03/2023

                             ORAL ORDER

ORDER IN CRIMINAL MISC.APPLICATION NO. 5758 of 2021

1. Though served, none has appeared on behalf of the private

respondents.

2. RULE. Learned Additional Public Prosecutor waives service of

notice of rule on behalf of the respondent-state.

3. This application is filed for Special Leave to Appeal against the

R/CR.MA/5758/2021 ORDER DATED: 03/03/2023

acquittal recorded by the judgment and order dated 05-02-2021

passed by 5th Additional Chief Judicial Magistrate, Mahesana in

Criminal Case No.7715 of 2018.

4. Learned Advocate for the applicant has submitted that an error is

committed by the trial Court in holding that statutory presumption

is rebutted only on the ground that the applicant has failed to

place on record necessary documents pertaining to sale transaction

towards which the cheque has been issued.

5. It is submitted that the respondent-accused has not been able to

place on record any independent evidence, so as to successfully

rebut the presumption of the sale transaction. Therefore, merely on

failure of the applicant to place on record any documents to

support the sale transaction, cannot be considered in favour of the

respondent-accused, as if he has successfully rebutted the

presumption.

6. In view of the aforesaid, Special Leave to Appeal is granted.

Accordingly, present Criminal Misc. Application stands allowed.

Rule is made absolute accordingly.

R/CR.MA/5758/2021 ORDER DATED: 03/03/2023

ORDER IN CRIMINAL APPEAL NO. 531 of 2023

1. The Appeal is admitted.

2. Issue bailable warrant in the sum of Rs.5,000/- (Rupees Five

Thousand only) against the respondent- original accused.

(A.Y. KOGJE, J) PARESH SOMPURA