Gujarat High Court
Modi Suhit Ashokkumar Proprietor Of ... vs State Of Gujarat on 12 February, 2024
NEUTRAL CITATION
R/CR.MA/15417/2023 ORDER DATED: 12/02/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 15417
of 2023
In
R/CRIMINAL APPEAL NO. 345 of 2024
With
R/CRIMINAL APPEAL NO. 345 of 2024
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MODI SUHIT ASHOKKUMAR PROPRIETOR OF CHEHAR FINANCE
Versus
STATE OF GUJARAT
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Appearance:
MR KAMLESH S KOTAI(6150) for the Applicant(s) No. 1
K K MAGHNANI(7543) for the Respondent(s) No. 2
MR K B MAGHNANI(9673) for the Respondent(s) No. 2
MS. M.H.BHATT, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 12/02/2024
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 Additional Civil Judge
& Judicial Magistrate First Class, Vijapur, Dist.Mehsana dated
24.7.2023 in Criminal Case No. 704 of 2023.
2. Heard, learned advocate appearing for the appellant and
perused the impugned judgment and order of the trial Court.
NEUTRAL CITATION
R/CR.MA/15417/2023 ORDER DATED: 12/02/2024
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3. Mr.Kamlesh Kotai, learned advocate for the applicant submits
that the judgement and order of trial Court was passed acquitting to
the respondent-accused only on the ground that as per section 56 of
the Negotiable Instrument Act, no endorsement was made with
regard to the amount. Learned advocate has drawn the attention of
this Court with regard to the cross-examination which is reproduced
by the learned trial Court in the judgement wherein, the complainant
had admitted that amount of Rs.2500/- was received from the
accused, on the next line, the complainant had clarified that, that
amount was with regard to the interest. Learned advocate submits
that the bare denial of the debt was accepted by the learned trial
Court while acquitting to the respondent-accused. Learned advocate
further submits that learned trial Court while acquitting to the
respondent-accused had adopted the method of snap judgement
wherein, though the presumption which is in favour of the
complainant under Section 118 and 139 of the Negotiable Instrument
Act was not rebutted without assigning the cogent reason, the
judgement and order of the acquittal was passed.
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.
NEUTRAL CITATION
R/CR.MA/15417/2023 ORDER DATED: 12/02/2024
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ORDER IN CRIMINAL APPEAL:-
1. Appeal is admitted. Learned APP waives service of notice of
admission on behalf of respondent No.1 - State. Mr.K.K.Meghnani,
learned advocate waives service of notice of admission on behalf of
the respondent No.2-accused.
2. Record and proceedings be called for from the concerned
court.
3. List this matter in seria tim.
(M. K. THAKKER,J)
BEENA SHAH
