Jay Mahakali Credit Corporation ... vs State Of Gujarat
2023 Latest Caselaw 7538 Guj

                                                                                NEUTRAL CITATION




     R/CR.MA/13168/2023                            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. 13168
                          of 2023

                    In R/CRIMINAL APPEAL NO. 2315 of 2023

                                    With
                      R/CRIMINAL APPEAL NO. 2315 of 2023
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JAY MAHAKALI CREDIT CORPORATION THRO JAGDISHBHAI LAVJIBHAI
                          RAMANI
                           Versus
                     STATE OF GUJARAT
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Appearance:
MR AMIT P SOLIYA(10780) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS DIVYAGNA JHALA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER

                             Date : 11/10/2023

                          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, passed by

the learned 7th Additional Judicial Magistrate, Rajkot dated

27.06.2023 in Criminal Case No.28817 of 2021.

NEUTRAL CITATION

R/CR.MA/13168/2023 ORDER DATED: 11/10/2023

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2. Heard, learned advocates appearing for respective

parties and perused the impugned judgment and order of the

trial Court.

3. Learned Advocate for the applicant - original

complainant submits that the judgment and order of acquittal

is passed by the learned trial Court on the sole ground that

the loan, which was sanctioned to the complainant was of

different date than the date mentioned the loan statement and

loan form at Exh.16. Though the presumption which is in

favour of the complainant under Section-139 of the N.I. Act

was not rebutted by the respondent - accused, the learned

trial Court had acquitted the respondent - accused from the

offence as alleged.

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.

NEUTRAL CITATION

R/CR.MA/13168/2023 ORDER DATED: 11/10/2023

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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.

4. Registry is directed to list the Criminal Appeal in

seriatim.

(M. K. THAKKER,J) A. B. VAGHELA