Gujarat High Court
Rajeshbhai Rameshchandra ... vs State Of Gujarat on 5 September, 2023
Bench: Nisha M. Thakore
NEUTRAL CITATION
R/CR.MA/15015/2023 ORDER DATED: 05/09/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 15015 of 2023
In R/CRIMINAL APPEAL NO. 2084 of 2023
With
R/CRIMINAL APPEAL NO. 2084 of 2023
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RAJESHBHAI RAMESHCHANDRA TAPIYAWALA
Versus
STATE OF GUJARAT
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Appearance:
MR PARVEZ A PATHAN(10862) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS MONALI BHATT ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 05/09/2023
ORAL ORDER
1. Heard Mr. Parvez Pathan, learned advocate for the
applicant - original complainant.
2. Rule returnable forthwith. Learned APP waives service
of Rule on behalf of the respondent No.1 - State.
3. Learned advocate for the applicant has drawn attention
of this Court to the reasons assigned by the learned
Magistrate, while recording the impugned judgment and order
of acquittal. It is submitted that the learned Magistrate
committed serious error in arriving at the finding that the
complainant has failed to establish the fact that the cheque
was issued toward legally enforceable debt. It is further
submitted that the learned Magistrate has committed error,
NEUTRAL CITATION
R/CR.MA/15015/2023 ORDER DATED: 05/09/2023
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while appreciating the evidence, which has come on record in
the form of Exhibit 14, which is a copy of Form No.11
maintained by the complainant firm as compared to the details
of cheque No. as reflected in Exhibit 50, which is disputed
cheque. He has drawn attention of this Court to the contents
of the legal notice dated 25.11.2019 produced on record vide
Exhibit 17 and has submitted that the learned Magistrate has
failed to appreciate that in fact, the cheque bearing No.000502
was issued towards the principal amount of Rs.5 Lakh on
14.03.2018, however, the same was not realized and was
dishonoured. In such circumstances, the respondent - original
accused had subsequently, issued fresh cheque bearing
No.000008 dated 01.10.2019 against the aforesaid
outstanding principal amount of Rs.5 Lakhs. He, therefore,
urged this Court to grant leave to appeal.
4. Having heard the learned advocate for the applicant and
having perused the impugned judgment and order as well as
documents placed on record, prima facie, this Court finds that
the learned Magistrate failed to appreciate the facts, in light of
the aforesaid evidence, which has come on record. The matter
requires consideration. Hence, this application seeking leave
to appeal is hereby granted. Rule is made absolute.
CRIMINAL APPEAL No.2084 of 2023:
ADMIT. Learned APP waives service of Notice of admission
on behalf of the respondent No.1 - State.
Issue bailable warrant in the sum of Rs.10,000/- against the
NEUTRAL CITATION
R/CR.MA/15015/2023 ORDER DATED: 05/09/2023
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respondent No.2 - original accused.
Let R & P be called for.
Appeal be expedited.
(NISHA M. THAKORE,J)
Y.N. VYAS
