Mohmmadiqbal Abdulkarim ... vs State Of Gujarat
2023 Latest Caselaw 2377 Guj

     R/CR.MA/4905/2023                                ORDER DATED: 17/03/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
             R/CRIMINAL MISC.APPLICATION NO. 4905 of 2023
                  In R/CRIMINAL APPEAL NO. 615 of 2023
                                  With
                    R/CRIMINAL APPEAL NO. 615 of 2023
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                 MOHMMADIQBAL ABDULKARIM LAKDAWALA
                               Versus
                         STATE OF GUJARAT
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Appearance:
MR MM SAIYED(1806) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR BHARGAV PANDYA, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE

                             Date : 17/03/2023

                               ORAL ORDER

Order in Criminal Misc. Application

1. Heard Mr.M.M. Saiyed, learned advocate on record

for the applicant - original complainant.

2. This is an application seeking leave to appeal filed

under Sub-Section 4 of Section 378 of Code of Criminal

Procedure, 1973 seeking permission of this Court to th challenge the judgment and order of acquittal dated 6 th December, 2022 passed by the learned 6 Additional

Judicial Magistrate First Class, Bharuch in Criminal

Case No.4981 of 2021. Mr.Saiyed has invited attention of

R/CR.MA/4905/2023 ORDER DATED: 17/03/2023

this Court to the findings and reasons recorded by the

learned Magistrate and has submitted that in absence of

any denial of the signature of the disputed cheque, about

service of statutory notice upon the accused, the fact of

dishonour of cheque, the complaint being filed within the

prescribed period of limitation, the presumption ought to

have been drawn in favour of the complainant with

regard to existence of legally enforceable debt as on date

of presentation of the cheque. The learned Magistrate,

without appreciating the aforesaid aspect, has erroneously

shifted burden upon the complainant to establish the

case beyond reasonable doubt.

3. Considering the submissions made by the learned

advocate for the applicant, the application seeking leave

to appeal requires consideration. Hence, leave to appeal

is granted.

Order in Criminal Appeal

1. Admit.

Learned Additional Public Prosecutor, Mr.Bhargav

Pandya waives service of notice of admission on

behalf of respondent No.1-State.

R/CR.MA/4905/2023 ORDER DATED: 17/03/2023

2. Bailable warrant in the sum of Rs. 10,000/- be

issued upon respondent No.2, returnable on 17.04.2023.

3. Registry is directed to call for R & P.

(NISHA M. THAKORE,J) KUMAR ALOK