Gujarat High Court
Hardik Ghanshyambhai Rangani ... vs State Of Gujarat on 14 September, 2023
Bench: Nisha M. Thakore
NEUTRAL CITATION
R/CR.MA/8298/2022 ORDER DATED: 14/09/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 8298 of 2022
In R/CRIMINAL APPEAL NO. 905 of 2022
With
R/CRIMINAL APPEAL NO. 905 of 2022
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HARDIK GHANSHYAMBHAI RANGANI PROPRIETOR OF KING PHOTO
Versus
STATE OF GUJARAT
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Appearance:
MR DHRUV K DAVE(6928) for the Applicant(s) No. 1
MR VISHAL B MEHTA(5319) 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 : 14/09/2023
ORAL ORDER
1. Heard Mr. S S Vayda, learned advocate for Mr.Dhruv K
Dave, learned advocate for the applicant- original complainant
and Mr.Vishal Mehta, learned advocate for the respondent -
original accused. Learned advocate for the respondent- original
accused has placed on record the copy of the relevant
documents in support of his submission. The same are
permitted to be taken on record.
2. Learned advocate for the applicant has drawn attention of
this Court to the reasons assigned by the learned Magistrate
while passing the impugned order of acquittal. It is submitted by
the learned advocate for the applicant that the complaint came
to be dismissed solely on the ground that complainant has not
led any evidence to establish that the complainant is the
proprietor of the "King Photo" in whose favour the disputed
cheque was drawn. Learned advocate has referred to the legal
NEUTRAL CITATION
R/CR.MA/8298/2022 ORDER DATED: 14/09/2023
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notice issued by the complainant in his capacity as the
proprietor of the King Photo. The attention of this Court is
invited to the contents of the reply given by the original accused
to such legal notice. It is submitted that, in fact, no dispute was
raised by the original complainant with regard to the status of
the complainant being proprietor of King Photo. He, therefore,
urged this Court to consider case for leave to appeal.
3. Learned advocate for the respondent has relied upon the
reasons assigned by the learned Magistrate while dismissing the
complaint and has objected to grant of leave to appeal. It is
submitted that in absence of any cogent material being brought
on record with regard to status of the complainant, learned
Magistrate has rightly not entertained the complaint.
4. Having heard the learned advocates for the respective
parties and having perused the impugned judgment and order as
well as relevant documents being placed on record by the
learned advocates for the respective parties, prima faice, the
Court notices that learned Magistrate has called upon the
complainant to prove the fact which was otherwise not in issue.
In the opinion of this Court, an arguable case is made out for
admission of the appeal. Hence, the present application is
allowed and Leave to Appeal, as prayed for, is hereby granted.
Order in Criminal Appeal No.905 of 2022
Admit. Learned Additional Public Prosecutor waives service of
admission on behalf of respondent State and Mr.Mehta, learned
NEUTRAL CITATION
R/CR.MA/8298/2022 ORDER DATED: 14/09/2023
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advocate waives service of admission on behalf of the respondent
no.2. Registry is directed to call for the Record and Proceedings
of the case from the concerned Court. Registry is directed to
notify the Appeal for hearing on 11.1.2024.
(NISHA M. THAKORE,J)
KAUSHIK J. RATHOD
