Jentibhai Devabhai Vankar vs State Of Gujarat
2024 Latest Caselaw 482 Guj

Gujarat High Court

Jentibhai Devabhai Vankar vs State Of Gujarat on 18 January, 2024

                                                                                   NEUTRAL CITATION




     R/CR.MA/3625/2023                               ORDER DATED: 18/01/2024

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            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 3625 of
                            2023

                    In R/CRIMINAL APPEAL NO. 409 of 2023

                                       With
                         R/CRIMINAL APPEAL NO. 409 of 2023
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                           JENTIBHAI DEVABHAI VANKAR
                                      Versus
                               STATE OF GUJARAT
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Appearance:
DARSHIT R BRAHMBHATT(8011) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS MAITHILI MEHTA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER

                                Date : 18/01/2024

                            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

29.07.2022 passed by the learned Chief Judicial Magistrate,

Nadiad in Criminal Case No.3617 of 2016.

NEUTRAL CITATION

R/CR.MA/3625/2023 ORDER DATED: 18/01/2024

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2. Heard, Mr. Darshit R. Brahmbhatt, learned advocate

appearing for the applicant - original complainant and

perused the impugned judgment and order of the trial Court.

3. Learned advocate Mr. Darshit R. Brahmbhatt for the

applicant - original complainant submits that the judgment

and order of the acquittal was passed by the learned trial

Court only on the ground that the demand notice, which was

produced below Exh.30, is for three different cheques,

wherein, the complaint was filed for the dishonour of one

cheque. Learned advocate further submits that the demand

notice consisting of three different cheques, wherein, three

different amounts are mentioned at Page-2 of Exh.30 and the

disputed cheque, which was mentioned at Sr. No.1 being

Cheque No.422231 for the amount of Rs.1,00,000/- and other

two cheques separate complaints came to be filed. Learned

advocate has drawn attention of this Court with regard to the

Exh.30 and submits that merely, the demand notice consisting

of three different cheques would not absolve the respondent -

accused from the liability of making payment of cheque and in

the circumstances, when the signature on the cheque and the

issuance of the cheque was not disputed by the respondent -

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R/CR.MA/3625/2023 ORDER DATED: 18/01/2024

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accused, the learned trial Court ought not to have acquitted

the respondent - accused on the said ground. Learned

advocate further submits that though the presumption, which

is in favour of the complainant under Section 118 and 139 of

the N.I. Act, was not rebutted, the learned trial Court had

committed grave error in acquitting the respondent - accused

and therefore, prays to grant the application seeking leave to

prefer an appeal.

4. Considering the avernments made in the application and

submissions made by the learned advocate, 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 no.1 - State and

Mr. Alinavaz A. Vakil, learned advocate waives service of

notice of admission on behalf of respondent no.2 - accused.

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R/CR.MA/3625/2023 ORDER DATED: 18/01/2024

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2. 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