Patel Ravindrabhai Chhaganbhai vs State Of Gujarat
2023 Latest Caselaw 2287 Guj

   R/CR.MA/6256/2019                               ORDER DATED: 15/03/2023




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/CRIMINAL MISC.APPLICATION NO. 6256 of 2019
                               With
                 R/CRIMINAL APPEAL NO. 622 of 2023
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                   PATEL RAVINDRABHAI CHHAGANBHAI
                                Versus
                          STATE OF GUJARAT
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Appearance:
HARSHADKUMAR D PANCHAL(9015) for the Applicant(s) No. 1
MR KUNAL S SHAH(5282) for the Respondent(s) No. 2
MR. RAJU N DESAI(7029) 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 : 15/03/2023
                            ORAL ORDER

1. RULE. Learned Additional Public Prosecutor waives service of

notice of rule on behalf of the respondent-state.

2. This application is filed by the applicant for Special Leave to

Appeal against the judgment and order dated 15.02.2019 by the

Judicial Magistrate First Class, Vadali in Criminal Case No.232 of

2017, by which the respondent-accused is acquitted of the offense

under Section 138 of the Negotiable Instrument Act.

3. By an order dated 24.02.2020, this Court had called for the

Records and Proceedings.

4. Learned advocate for the applicant submitted that the only ground

for acquitting the respondent is the mention of a wrong branch on

R/CR.MA/6256/2019 ORDER DATED: 15/03/2023

which the cheque was drawn in the statutory demand notice.

Learned advocate fort the applicant submitted that the cheque was

issued in a compromise which was arrived at in a Lok Adalat

pertaining to the previous case for dishonour of cheque. Learned

advocate has drawn attention of this Court to the compromise

documents to which the respondent accused was also a signatory

and therefore, the cheque number as well as branch on which the

cheque was drawn was mentioned by the respondent-accused in the

document of compromise. Therefore, it appears that by relying

upon the defense that the applicant in the statutory demand notice

has not mentioned the correct branch on which the cheque was

drawn, not only statutory notice, but the complaint itself is

defective.

5. Learned advocate for the respondent submitted that the complaint

was rightly dismissed as the Court had accepted the defense to the

extent that not only the cheque in question, but three other

cheques were in custody of the applicant which were misused.

6. Considering the fact that the respondent-accused was a signatory to

the document of compromise and that compromise mentioned the

cheque number and the branch on which the cheque was drawn by

the respondent-accused himself, the respondent cannot be allowed

to take advantage of his own wrong. It is also apparent that the

R/CR.MA/6256/2019 ORDER DATED: 15/03/2023

cheque as well as the details contained in the cheque are admitted

and there was no defense taken by the respondent from the

inception as he has not even replied to the statutory notice.

7. In view of the aforesaid, case is made out for grant of Special

Leave to Appeal to prefer an appeal against the impugned

judgment and order. Accordingly, present Criminal Misc.

Application stands allowed. Rule is made absolute accordingly.

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ORDER IN CRIMINAL APPEAL

The Appeal is admitted.

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

Thousand only) against the respondent- original accused.

(A.Y. KOGJE, J) SIDDHARTH