Dhavalbhai Kachrabhai Parmar vs State Of Gujarat
2023 Latest Caselaw 7537 Guj

                                                                                NEUTRAL CITATION




   R/CR.MA/13278/2021                              ORDER DATED: 11/10/2023

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           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 13278
                          of 2021

                  In R/CRIMINAL APPEAL NO. 1030 of 2021
                                  With
                    R/CRIMINAL APPEAL NO. 1030 of 2021
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DHAVALBHAI KACHRABHAI PARMAR Versus STATE OF GUJARAT ========================================================== Appearance:

MR EKANT G AHUJA(5323) for the Applicant(s) No. 1

MR FB BRAHMBHATT(1016) for the Respondent(s) No. 3 MS. DIVYAGNA JHALA, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER

Date : 11/10/2023

ORDER IN CRIMINAL MISC. APPLICATION:-

1. This is an application filed 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, passed by the learned Chief Judicial Magistrate, Mehsana dated 17.6.2021 in Criminal Case No. 4154 of

2. Heard, learned advocates appearing for respective parties and perused the impugned judgment and order of the trial Court.

NEUTRAL CITATION

R/CR.MA/13278/2021 ORDER DATED: 11/10/2023

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3. Learned Advocate Mr. Ekant G.Ahuja appearing for the applicant has drawn the attention of this Court with regard to defination of cheating provided under Section 415 of Indian Penal Code which reads as under:-

Section 415. Cheating.

Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to "cheat".

3.1 Mr.Ahuja, learned advocate further submits that though from the evidence lead before the learned trial Court, it transpires that Revenue Survey No. 1461 was not or the ownership of the accused and as per the copy of the Index, the name of the owner has been shown as Shri Chimanbhai Shivabhai Patel. Respondent-accused induce to the complainant under the guys that they are the owner of the property and to purchase the property which amount to cheat to the complainant.

4. 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. Rule is made absolute.

NEUTRAL CITATION

R/CR.MA/13278/2021 ORDER DATED: 11/10/2023

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ORDER IN CRIMINAL APPEAL

1. The appeal is admitted. Learned APP Ms. Divyagna Jhala waives service of notice of admission on behalf of respondent - State. Learned advocate Mr.F.B.Brahmbhatt, who is appearing, would waive service of notice of admission for and on behalf of the respondent - accused.

2. Record and proceedings be called for from the concerned.

3. List this matter in seria tim.

(M. K. THAKKER,J) BEENA SHAH