Gujarat High Court
Nachiket Sahdev Jadav vs State Of Gujarat on 20 February, 2024
NEUTRAL CITATION
R/CR.MA/3359/2024 ORDER DATED: 20/02/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 3359 of
2024
In R/CRIMINAL APPEAL NO. 424 of 2024
With
R/CRIMINAL APPEAL NO. 424 of 2024
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NACHIKET SAHDEV JADAV
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MS DIMPLE ADHMANI FOR MR VICKY B MEHTA(5422) for the Applicant(s)
No. 1
MS NEHA J LADHANI(13334) 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 : 20/02/2024
ORAL ORDER
ORDER IN R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL)
NO. 3359 of 2024
1. Learned advocate Ms.Dimple Adhamani for Learned
Advocate Ms.N.J.Ladhani submits that though
issuance of the cheque, transactions and the
signature was not denied by the respondent-accused
neither the demand notice was replied or complied,
learned Trial Court has passed judgment and order
of the acquittal. Learned Advocate Ms.Adhamani
submits that as per the case of the complainant, the
money was lent in presence of a friend Mr.Vimlesh
NEUTRAL CITATION
R/CR.MA/3359/2024 ORDER DATED: 20/02/2024
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Kumar, who was also examined below Ex.18,
wherein he supported the case of the complainant
with regard to the lending of the amount. However,
minor discrepancies with regard to the amount
which was either lent in part or at one instance was
given more weightage by the learned Trial Court
while acquitting the respondent accused.
2. Learned Advocate Ms.Adhamani submits that the
presumption which is in favor of the complainant
under sections 118 and 139 of the Negotiable
Instruments Act, 1886 was not rebutted by the
respondent-accused by way of leading evidence
which may be in the standard of preponderance of
the probability. The judgment and order of the
acquittal was passed by the learned Trial Court
without any cogent reasons.
3. Learned Advocate Ms.Adhamani submits that there
was no any defense raised in the further statement
recorded under section 313 Code of Criminal
Procedure, 1973 with regard to the issuance of the
NEUTRAL CITATION
R/CR.MA/3359/2024 ORDER DATED: 20/02/2024
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cheque. However, the Learned Trial Court has
acquitted the respondent accused from the charges
and therefore, it was prayed to allow this application
for seeking leave to prefer an appeal and to admit
the appeal.
4. In view of the above submissions, this court deems it
fit to allow this application and grant leave to prefer
this application.
5. Hence this application is allowed. Leave to prefer an
appeal is granted.
ORDER IN R/CRIMINAL APPEAL NO. 424 of 2024
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 shall be called for. Matter
be listed in seriatim
(M. K. THAKKER,J)
NIVYA A. NAIR
