Divyang Ganeshbhai Patel vs State Of Gujarat
2024 Latest Caselaw 7842 Guj

Gujarat High Court

Divyang Ganeshbhai Patel vs State Of Gujarat on 2 August, 2024

                                                                              NEUTRAL CITATION




   R/CR.MA/13385/2023                          ORDER DATED: 02/08/2024

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        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 13385
                            of 2023
             In R/CRIMINAL APPEAL NO. 1748 of 2024
                             With
               R/CRIMINAL APPEAL NO. 1748 of 2024
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                        DIVYANG GANESHBHAI PATEL
                                  Versus
                         STATE OF GUJARAT & ORS.
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Appearance:
MR HARSH M SURTI(3907) for the Applicant(s) No. 1
MR SIKANDER SAIYED(3458) for the Applicant(s) No. 1
for the Respondent(s) No. 2
DELETED for the Respondent(s) No. 3,4
MS ASHMITA PATEL, ADDL.PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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 CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
                       Date : 02/08/2024
                        ORAL ORDER

ORDER IN R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 13385 of 2023

1. Learned advocate Mr.Saiyed submits that the judgment and order of acquittal was passed by the learned trial Court by misreading the evidence on record more particularly Exhibit 18 i.e. the settlement pursis filed before the Court at Sanand where the signature of the respondent-accused is made.

2. Learned advocate Mr.Saiyed submits that overlooking this evidence, learned trial court has held that no signature of the accused is found on the settlement pursis filed before the learned Court at Sanand. Learned advocate Mr.Saiyed further submits that though in the reply to the demand notice, the respondent-accused has admitted the debt and the issuance of the cheque as well as the signature on the cheque however, it is stated in the reply that only on disposal of the case, which is filed before the learned Court at Sanand, the cheque was to

NEUTRAL CITATION

R/CR.MA/13385/2023 ORDER DATED: 02/08/2024

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be deposited before the Bank and without getting disposal of the case it was deposited therefore, the respondent-accused is not liable to pay the amount of the cheque. Learned advocate Mr.Saiyed submits that contrary defence was taken in lengthy cross examination to establish that there was no Banakhat with the respondent-accused neither the respondent-accused has issued any cheque and the cheque which was issued for the payment of the brokerage amount was misused by adding the figure. Learned advocate Mr.Saiyed submits that the learned trial Court has discarded the evidence i.e. the reply to the demand notice below Exhibit 17 wherein debt is admitted along with execution of cheque pass the impugned judgment and order of acquittal.

3. Considering the submissions, this Court deems it fit to allow this application for seeking leave to prefer an appeal. Hence, present application is allowed. Leave to prefer an appeal is granted.

ORDER IN R/CRIMINAL APPEAL NO. 1748 of 2024

1. The appeal is admitted. Learned APP Ms.Ashmita Patel waives service of notice of admission on behalf of the 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 shall be called for. Matter be listed in seriatim.

(M. K. THAKKER,J) M.M.MIRZA