Rajnikant Jayantilal Trivedi vs Bhavarsingh Vannasingh Chauhan
2023 Latest Caselaw 7060 Guj

                                                                               NEUTRAL CITATION




      R/CR.MA/1188/2022                           ORDER DATED: 25/09/2023

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              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/CRIMINAL MISC.APPLICATION NO. 1188 of 2022

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                        RAJNIKANT JAYANTILAL TRIVEDI
                                   Versus
                      BHAVARSINGH VANNASINGH CHAUHAN
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Appearance:
MR VAIBHAV A VYAS(2896) for the Applicant(s) No. 1
MR SANJAY PRAJAPATI(3227) for the Respondent(s) No. 1
MS. M.H. BHATT, APP for the Respondent(s) No. 2
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     CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE

                              Date : 25/09/2023

                                ORAL ORDER

1. Heard Mr. Vaibhav Vyas, learned advocate on record for the

applicant-original complainant, Mr. Sanjay Prajapati, learned advocate

on record for the respondent No.1-original accused and Ms. M.H.

Bhatt, learned APP appearing for the respondent-State.

2. This application is filed seeking leave to appeal under Section

378(4) of Cr.P.C. against the judgment and order dated 06.11.2019

passed by learned Additional Chief Metropolitan Magistrate, Court

No.28, Ahmedabad in Criminal Case No.1087 of 2013, acquitting the

present respondent-accused for the offence alleged under Section

138 of the N.I. Act.

NEUTRAL CITATION

R/CR.MA/1188/2022 ORDER DATED: 25/09/2023

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3. From the record, it has transpired that the learned Magistrate

has proceeded to record the acquittal of the respondent-accused

mainly on the ground of inability of the original complainant to prove

his financial capacity to lend the amount as alleged in the complaint.

Prima facie, the court finds that the learned Magistrate has failed to

take into the consideration the judgment of the Hon'ble Apex Court in

the case of Tedhi Singh vs Narayan Dass Mahant reported in 2022

(6) SCC 735, while taking into the consideration the aspect of the

financial capacity of the original complainant. The appeal deserves

admission. Hence, the present application seeking leave to appeal is

hereby allowed. Rule is made absolute. Registry is directed to notify

the criminal appeal for admission hearing.

(NISHA M. THAKORE,J) SUYASH SRIVASTAVA