Gujarat High Court
Aman Hospital And Research Center Thro ... vs State Of Gujarat on 7 February, 2024
NEUTRAL CITATION
R/CR.MA/19871/2023 ORDER DATED: 07/02/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 19871
of 2023
In R/CRIMINAL APPEAL NO. 307 of 2024
With
R/CRIMINAL APPEAL NO. 307 of 2024
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AMAN HOSPITAL AND RESEARCH CENTER THRO MALLIKA AMAN
KHANNA
Versus
STATE OF GUJARAT
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Appearance:
MR JIGAR G GADHAVI(5613) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS MONALI BHATT APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 07/02/2024
ORAL ORDER
ORDER IN CRIMINAL MISC. APPLICATION:
1. This is an application by the applicant - original
complainant under Section 378(4) of the Code of Criminal
Procedure, 1973, seeking leave of this Court to present an
appeal against the judgment and order of acquittal, passed by
the learned 33rd Additional Chief Judicial Magistrate, Vadodara
dated 10.08.2022 in Criminal Case No.34521 of 2021.
2. Heard, Mr.Jigar Gadhavi learned advocate appearing for
the applicant - original complainant and perused the impugned
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judgment and order of the trial Court.
3. Learned advocate Mr.Jigar Gadhavi submits that initially,
the judgment and order of the conviction was passed by the
learned 33rd Additional Chief Judicial Magistrate, Vadodara in
Criminal Case No.34521 of 2021, which was challenged before
the learned appellate Court and was reversed by the learned
appellate Court and the learned appellate Court had acquitted
the respondent - accused from the charges. The learned
advocate submits that while acquitting the respondent -
accused, the learned appellate Court relied on the bill which is
at exh.11 and come to the conclusion that the total amount of
Rs.11,11,677/- was paid by the respondent - accused. The
learned advocate has drawn the attention of this Court with
regard to the reply of the demand notice below exh.20
wherein, there was no any defense raised with regard to the
payment of bill at exh.11. The learned advocate submits that
there was no any defense of the respondent - accused with
regard to the payment of the excess amount. From the
complaint as well as reply to the demand notice, the total
amount which was paid by the respondent - accused comes to
Rs.3,90,000/- and the amount of Rs.3,31,000/- was remained
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to have been paid. The learned advocate submits that in the
statement recorded under Section 313 of the Code of Criminal
Procedure, the signature on the cheque was not denied by the
respondent - accused and even in the demand notice also, the
cheque was admitted to have been issued by the respondent -
accused. The only ground which was contended in the reply to
the demand notice is that it was taken forcefully however, for
that, no any police complaint or any proceedings were initiated
by the respondent - accused. The learned advocate submits
that though there was no any case of the excess amount paid,
the learned appellate Court had calculated the amount and
come to the conclusion that in addition to the bill amount, the
respondent - accused had paid the amount of Rs.3,33,831/-
and Rs.3,87,846/-. The learned advocate submits that as there
was no case before the learned trial Court and no defense was
raised in that line, the learned appellate Court had committed
grave error in acquitting the respondent - accused by
reversing the judgment of the learned trial Court.
4. Considering the avernments made in the application and
submissions made by the learned advocates appearing for the
respective parties, this Court finds that there is some arguable
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case in favour of the applicant, therefore, leave, as prayed for,
is granted. This application is allowed.
ORDER IN CRIMINAL APPEAL:
1. The appeal is admitted. Learned APP 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 be called for from the concerned
court. Registry is directed to list the Criminal Appeal in
seriatim.
(M. K. THAKKER,J)
Hitesh
