Gujarat High Court
Hemangkumar Girishchandra ... vs State Of Gujarat on 6 October, 2023
Bench: M. K. Thakker
NEUTRAL CITATION
R/CR.MA/15788/2023 ORDER DATED: 06/10/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 15788
of 2023
In R/CRIMINAL APPEAL NO. 2292 of 2023
With
R/CRIMINAL APPEAL NO. 2292 of 2023
With
R/CRIMINAL MISC.APPLICATION NO. 15791 of 2023
In
R/CRIMINAL APPEAL NO. 2293 of 2023
With
R/CRIMINAL APPEAL NO. 2293 of 2023
With
R/CRIMINAL MISC.APPLICATION NO. 15793 of 2023
In
R/CRIMINAL APPEAL NO. 2294 of 2023
With
R/CRIMINAL APPEAL NO. 2294 of 2023
With
R/CRIMINAL MISC.APPLICATION NO. 15801 of 2023
In
R/CRIMINAL APPEAL NO. 2295 of 2023
With
R/CRIMINAL APPEAL NO. 2295 of 2023
With
R/CRIMINAL MISC.APPLICATION NO. 15802 of 2023
In
R/CRIMINAL APPEAL NO. 2296 of 2023
With
R/CRIMINAL APPEAL NO. 2296 of 2023
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HEMANGKUMAR GIRISHCHANDRA BHAVSAR
Versus
STATE OF GUJARAT
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Appearance:
MR SHAIVANG D MEHTA(5623) for the Applicant(s) No. 1
MR. BHARGAV PANDYA, APP for the Respondent(s) No. 1 in Cr.MA
No.15788/2023; Cr.MA No.15801/2023 and Cr.MA No.15802/2023.
MS DIVYANGNA JHALA, APP for the Respondent(s) No.1 in Cr.MA
No.15791/2023 & Cr.MA No.15793/2023
RULE NOT RECD BACK for the Respondent(s) No. 2
MS DIYA MITRA, for the Respondent No.2
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NEUTRAL CITATION
R/CR.MA/15788/2023 ORDER DATED: 06/10/2023
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 06/10/2023
COMMON ORAL ORDER
ORDER IN CRIMINAL MISC. APPLICATIONs:
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
29.04.2023 passed by the learned Additional Chief Judicial
Magistrate, Mehsana in separate criminal cases i.e. Criminal
Case No.7654 of 2018; Criminal Case No.7651 of 2018;
Criminal Case nol.7652 of 2018; Criminal Case No.7650 of
2018 and Criminal Case No.7653 of 2018.
2. Heard, learned advocates appearing for respective
parties and perused the impugned judgment and order of the
trial Court.
3. Learned advocate Mr. Shivang Mehta for the applicant -
appellant submits that though the complainant had proved the
NEUTRAL CITATION
R/CR.MA/15788/2023 ORDER DATED: 06/10/2023
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case by producing the evidence at Exh.31 and 32, which are
the undertakings given by the accused at the time of
borrowing the amount. Mr. Mehta, learned advocate further
drawn attention of this Court to the bank statement, which is
produced at Exh.64 to 71, wherein, it transpired that the
cheque number, prior to the disputed cheques were issued in
the month of March 2018. Therefore, the defence, which was
raised by the accused that the cheques were given towards
the security in the year 2014, is not appeared to be correct.
Mr. Mehta, learned advocate further submits that though the
presumption is in favour of the complainant under Section-139
of the Act, the learned trial Court without considering the
aforesaid evidence and legal position, acquitted the accused
from the offence.
3. Considering the avernments made in the application and
submissions made by the learned advocates appearing for the
respective parties, there is some arguable case in favour of
the applicant, leave, as prayed for, is granted. This application
is allowed.
NEUTRAL CITATION
R/CR.MA/15788/2023 ORDER DATED: 06/10/2023
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ORDER IN CRIMINAL APPEALs:
1. All the appeals are 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 sent back to the concerned
trial Court.
(M. K. THAKKER,J)
A. B. VAGHELA
