Gujarat High Court
Amit Shriram Gupta vs Narendra Tirathdash Senani on 7 March, 2023
Bench: A.Y. Kogje
R/CR.MA/4475/2023 ORDER DATED: 07/03/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 4475 of 2023
In R/CRIMINAL APPEAL NO. 516 of 2023
With
R/CRIMINAL APPEAL NO. 516 of 2023
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AMIT SHRIRAM GUPTA
Versus
NARENDRA TIRATHDASH SENANI
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Appearance:
DINESHKUMAR D GAUTAM(9549) for the Applicant(s) No. 1
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 : 07/03/2023
ORAL ORDER
ORDER IN
R/CRIMINAL MISC.APPLICATION NO. 4475 of 2023
In R/CRIMINAL APPEAL NO. 516 of 2023
1. RULE. Learned Additional Public Prosecutor waives service of
notice of rule on behalf of the respondent-state.
2. This application is filed for Special Leave to Appeal against the
judgment and order dated 16-02-2023, by which the respondent
No.1-accused has been acquitted by the Additional Chief Judicial
Magistrate Court, Ahmedabad in Criminal Case No.66901 of 2020.
3. Learned Advocate for the applicant, at the outset, has submitted
R/CR.MA/4475/2023 ORDER DATED: 07/03/2023
that the applicant was able to establish legally enforceable debt
against the respondent-accused for an amount of Rs.3,00,000/-,
which the respondent has received towards the loan. Learned
Advocate has submitted that in return of such money, the cheque
has been issued.
4. Learned Advocate for the applicant has submitted that though the
applicant had issued statutory notice and subsequent to such
notice, amount has not been paid by the respondent-accused and
therefore, offence was complete and cause of action to file
complaint, had arisen.
5. Learned Advocate for the applicant has placed on record sufficient
evidence in connection with the legally enforceable debt against
the respondent-accused and therefore, error is committed by the
Court below in not accepting the issue of legally enforceable debt
against the respondent-accused.
6. The Court has perused the documents placed on record as well as
discussion by the trial Court in the impugned judgment and order
particularly with regard to legally enforceable debt. It is coming
out on record that stand of the respondent-accused from beginning
that is while answering statutory demand notice that the cheque
was issued to one Digvijaysingh and that there was no financial
transaction with the applicant. It appears that the trial Court has
taken into consideration relevant documentary evidence in the form
of reply given vide Exh-16 as well as Exh-13 being statutory
notice, nowhere the issue is coming out that the applicant was
instrumental in arrnaging the loan or paying the loan through said
Digvijaysingh in whose favour, the cheque has been issued.
7. In the opinion of the Court, by assigning cogent reasons, the trial
R/CR.MA/4475/2023 ORDER DATED: 07/03/2023
Court has arrived at proper conclusion that there did not exist any
legally enforceable debt of the applicant against the respondent-
accused.
8. The Court does not find any reason to interfere with the decision
of the trial Court and hence, Special Leave to Appeal is refused.
9. Accordingly, present Criminal Misc. Application stands rejected.
Rule is discharged.
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ORDER IN
CRIMINAL APPEAL NO. 516 of 2023
In consequence, the Appeal stands dismissed.
(A.Y. KOGJE, J)
PARESH SOMPURA
