Gujarat High Court
Vajubhai Mansanbhai Katariya vs Danubhai Lakshmanbhai Jadav on 12 January, 2024
NEUTRAL CITATION
R/CR.MA/555/2024 ORDER DATED: 12/01/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 555 of
2024
In R/CRIMINAL APPEAL NO. 120 of 2024
With
R/CRIMINAL APPEAL NO. 120 of 2024
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VAJUBHAI MANSANBHAI KATARIYA
Versus
DANUBHAI LAKSHMANBHAI JADAV
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Appearance:
MR RUTVIJ S OZA(5594) for the Applicant(s) No. 1
MR. HARSHAD D BAROT(7287) for the Respondent(s) No. 1
MS MONALI H BHATT, APP for the Respondent(s) No. 2
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 12/01/2024
COMMON 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 dated
27.07.2023 passed by the learned Additional Chief
Metropolitan Magistrate, Negotiable Instrument Act, Court
no.28, Ahmedabad in Criminal Case No.923 of 2016.
NEUTRAL CITATION
R/CR.MA/555/2024 ORDER DATED: 12/01/2024
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2. Heard, Mr. Rutvij S. Oza, learned advocate appearing for
the applicant - original complainant and perused the
impugned judgment and order of the trial Court.
3. Mr. Rutvij Oza, learned advocate appearing for the
applicant submits that the bare defence raised by the
respondent - accused with regard to the issuance of cheque
that the cheque was given towards the security, however, the
learned trial Court acquitted the respondent - accused.
Learned advocate further submits that though the issuance of
the cheque was not disputed and signature on the cheque was
also not disputed by the respondent - accused, neither the
demand notice was replied, the learned trial Court had
believed the defence and comes to the conclusion that the
respondent - accused has rebutted the presumption, which is
in favour of the complainant. Learned advocate draws
attention of the Court to the written argument of the
respondent - accused below Exh.21, wherein, the issuance of
the cheque by the respondent accused has been accepted,
however, without considering the same, it is submitted that
NEUTRAL CITATION
R/CR.MA/555/2024 ORDER DATED: 12/01/2024
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the judgment and order of acquittal was passed. Learned
advocate further draws the attention of this Court with regard
to the observation made by the learned trial Court while
acquitting the respondent - accused, wherein, the learned
trial Court has observed that the cheque was not issued by the
respondent - accused in discharging his legal liability.
Learned advocate further submits that initially the transaction
was with regard to the purchasing of the plot in question, but
as the title clearance was not done by the respondent -
accused, towards the repayment of the earnest money, the
cheque was issued, which was dishonoured. Learned advocate
further submits that after the issuance of the notice, a private
complaint came to be filed by the respondent - accused before
the Radhanpur Police Station, which was also not proceed
further and therefore, the defence, which was tried to be
created, appears to be improper. Therefore, learned advocate
prays to grant the present application seeking leave to prefer
an appeal and allow the criminal appeal.
4. Considering the avernments made in the application and
submissions made by the learned advocates appearing for the
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R/CR.MA/555/2024 ORDER DATED: 12/01/2024
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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)
A. B. VAGHELA
