Gujarat High Court
Amisha Shah W/O Hanifkhan Pathan vs State Of Gujarat on 8 February, 2024
NEUTRAL CITATION
R/CR.MA/2506/2024 ORDER DATED: 08/02/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 2506 of
2024
In R/CRIMINAL APPEAL NO. 315 of 2024
With
R/CRIMINAL APPEAL NO. 315 of 2024
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AMISHA SHAH W/O HANIFKHAN PATHAN
Versus
STATE OF GUJARAT
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Appearance:
MR JEET J BHATT(6154) 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 : 08/02/2024
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 5th Additional Judicial Magistrate, Gandhinagar
dated 23.11.2023 in Criminal Case No.5699 of 2020.
2. Heard, learned advocate appearing for the applicant -
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original complainant and perused the impugned judgment and
order of the trial Court.
3. Learned advocate Mr.Bhatt submits that the case of the
complainant is that the amount was transferred by taking the
loan in the account of the respondent - accused and to repay
that amount, the cheque was issued in the name of the
complainant. The learned advocate submits that after
recording the plea, the respondent - accused neither appeared
for the cross-examination of the complainant nor appeared for
recording of the statement under Section 313 of the Code of
Criminal Procedure. The learned advocate submits that the
judgment and order of acquittal was passed only on the ground
that the husband of the complainant was not joined as party,
as the husband lent money to the respondent - accused and to
repay the same, the cheque in the name of the complainant
was issued by the respondent - accused. The learned advocate
submits that as the cheque was issued by the respondent -
accused in favour of the complainant and on dishonouring the
same, the complainant would liable to recover the dues from
the respondent - accused, the husband would not require to
join as party, as the cheque was not issued in favour of the
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husband.
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
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
