Gujarat High Court
Bharat Sanchar Nigam Ltd. Thro General ... vs State Of Gujarat on 6 February, 2024
NEUTRAL CITATION
R/CR.MA/10752/2023 ORDER DATED: 06/02/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 10752
of 2023
In R/CRIMINAL APPEAL NO. 1431 of 2023
With
R/CRIMINAL APPEAL NO. 1431 of 2023
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BHARAT SANCHAR NIGAM LTD. THRO GENERAL MANAGER,
SANJAYKUMAR BHIKHALAL SHETH
Versus
STATE OF GUJARAT
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Appearance:
MS PJ DAVAWALA(240) 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 MRS. JUSTICE M. K. THAKKER
Date : 06/02/2024
ORAL ORDER
ORDER IN R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL)
NO. 10752 of 2023
1. Learned advocate Ms.P.J.Davawala for the applicant
submits that though demand notice was not replied by
the respondent-accused neither issuance of the cheque
was disputed, learned trial Court has passed the
judgment and order of acquittal only on the ground that
the complainant fails to prove that on which date the
cheque was deposited with the Bank and on which date it
NEUTRAL CITATION
R/CR.MA/10752/2023 ORDER DATED: 06/02/2024
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was returned. Learned advocate Ms.Davawala has drawn
the attention of this Court with regard to the list of the
Exhibits which is part of the judgment wherein the Exhibit
13 is with regard to the disputed cheque, Exhibit 14 is
CTS return memo, Exhibit 15 is the notice and all these
documents were proved and thereafter the same were
exhibited before the learned trial Court.
2. Learned advocate Ms.Davawala submits that though not
a single word stated in the statement recorded under
Section 313 of the Code of Criminal Procedure, 1973 with
regard to the defence, the judgment and order of
acquittal was passed by the trial Court. Learned advocate
Ms.Davawala has relied on Sections 118 and 139 of the
Negotiable Instruments Act, 1886, wherein the
presumption is provided in favour of the complainant that
untill contrary is proved it would presume that the
cheque is issued to discharge of the legally enforceable
debt. Learned advocate Ms.Davawala submits that
though no any probable defence was raised neither any
document was produced by the respondent-accused
during the trial, the learned trial Court has passed the
NEUTRAL CITATION
R/CR.MA/10752/2023 ORDER DATED: 06/02/2024
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judgment and order of the acquittal is passed overlooking
the provisions of the N.I.Act.
3. In view of the above submissions, this Court deems it fit
to allow this application for seeking leave to prefer an
appeal.
4. Hence, present application is allowed. Leave to prefer an
appeal is granted.
ORDER IN R/CRIMINAL APPEAL NO. 1431 of 2023
1. The appeal is admitted. Learned APP Ms.Monali Bhatt
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 shall be called for. Matter be
listed in seriatim.
(M. K. THAKKER,J)
M.M.MIRZA
