Gujarat High Court
Nagrik Sahakari Bank Limited Thro ... vs State Of Gujarat on 28 November, 2023
NEUTRAL CITATION
R/CR.MA/20847/2023 ORDER DATED: 28/11/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 20847
of 2023
In R/CRIMINAL APPEAL NO. 2619 of 2023
With
R/CRIMINAL APPEAL NO. 2619 of 2023
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NAGRIK SAHAKARI BANK LIMITED THRO SETANSINH DALPATSINH
HADIYOL
Versus
STATE OF GUJARAT
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Appearance:
MS HANIBEN H JOSHI(12871) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS VRUNDA C SHAH, APP PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 28/11/2023
COMMON ORAL ORDER
ORDER IN CRIMINAL MISC. APPLICATION:
1. This is an application by the applicant - original
complainant under Section 378(4) of the Code of Criminal
Procedure, 1973, seeking leave of this Court to present an
appeal against the judgment and order of acquittal dated
17.04.2023 passed by the learned Judicial Magistrate First
Class, Vadali in Criminal Case No.688 of 2019.
2. Heard, learned advocates appearing for respective
NEUTRAL CITATION
R/CR.MA/20847/2023 ORDER DATED: 28/11/2023
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parties and perused the impugned judgment and order of the
trial Court.
3. Learned advocate Ms. Haniben Joshi for the applicant
submits that though the respondent - accused failed to rebut
the presumption, which is in favour of the complainant under
Sections-118 and 139 of the N.I. Act, by raising probable the
defence, which may be in the nature of preponderance of the
probabilities, the learned trial Court had acquitted the
respondent - accused from the charges. Learned advocate Ms.
Haniben Joshi further submits that the minor discrepancies
were given more weightage by the learned trial Court while
passing the judgment and order of acquittal. Learned
advocate further relies on the loan the statement, which was
the part of the trial Court record below Exh.31, from which, it
transpired that hypothecation loan was given to the
respondent - accused and accused remain failed to pay.
Learned advocate Ms. Joshi further submits that though
signature was not disputed by the respondent - accused on
the cheque and without raising any defence, the learned trial
Court had believed the defence of the respondent - accused
and acquitted him from the charges.
NEUTRAL CITATION
R/CR.MA/20847/2023 ORDER DATED: 28/11/2023
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4. Considering the avernments made in the application and
submissions made by the learned advocates appearing for the
respective parties, this Court finds that there is some
arguable case in favour of the applicant, therefore, leave, as
prayed for, is granted. This application is allowed.
ORDER IN CRIMINAL APPEAL:
1. The appeal is admitted. Learned APP waives service of
notice of admission on behalf of respondent - State.
2. Issue bailable warrant in the sum of Rs.5,000/- (Rupees
Five Thousand only) against the respondent - original
accused.
3. Record and proceedings be called for from the
concerned court. Registry is directed to list the Criminal
Appeal in seriatim.
(M. K. THAKKER,J)
A. B. VAGHELA
