Patel Nautambhai Pravinbhai vs State Of Gujarat
2023 Latest Caselaw 2221 Guj

   R/CR.MA/24028/2022                               ORDER DATED: 13/03/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/CRIMINAL MISC.APPLICATION NO. 24028 of 2022

                  In R/CRIMINAL APPEAL NO. 2610 of 2022
                                  With
                    R/CRIMINAL APPEAL NO. 2610 of 2022
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                        PATEL NAUTAMBHAI PRAVINBHAI
                                    Versus
                              STATE OF GUJARAT
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Appearance:
MR MANISH S SHAH(5859) for the Applicant(s) No. 1
 for the Respondent(s) No. 2
MS. ASMITA PATEL, APP for the Respondent(s) No. 1
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  CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE

                              Date : 13/03/2023

                                ORAL ORDER

ORDER IN R/CRIMINAL MISC.APPLICATION NO. 24028 of 2022 In R/CRIMINAL APPEAL NO. 2610 of 2022

1. RULE. Learned Additional Public Prosecutor waives service of

notice of rule on behalf of the respondent-state.

2. This application is filed for grant of Leave to Appeal against the

judgment and order dated 18-11-2022 passed by the Judicial

Magistrate First Class, Prantij, Sabarkantha in Criminal Case No.794

R/CR.MA/24028/2022 ORDER DATED: 13/03/2023

of 2019.

3. By the aforesaid judgment and order, the respondent-accused was

acquitted for the offence under Section-138 of the Negotiable

Instruments Act.

4. Learned Advocate for the applicant has submitted that the acquittal

is on account of holding that the respondent-accused had

successfully rebutted the presumption as issuance of the cheque

and signature thereto has not been disputed. However, error is

committed in concluding that no legally enforceable debt is there,

only on the ground that the cheques were issued, at the time when

agricultural land was taken on rent for carrying out agricultural

activities and for that purpose, account was already settled before

the cheque was deposited.

5. Learned Advocate for the applicant has submitted that for this

purpose, neither any witnesses were examined that account has

been settled and that the cheques were issued towards the security

of land given on rent to the son of the respondent-accused.

Therefore, in absence of any such evidence, presumption cannot be

said to have been rebutted successfully.

6. In view of the aforesaid, sufficient ground is made out for grant of

Leave to Appeal.

R/CR.MA/24028/2022 ORDER DATED: 13/03/2023

7. In view of the aforesaid, Leave to Appeal is granted. Accordingly,

present Criminal Misc. Application stands allowed. Rule is made

absolute accordingly.

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ORDER IN CRIMINAL APPEAL NO. 2610 of 2022

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