Gujarat High Court
Ankit Rameshchandra Modi Poa Of A. R. ... vs State Of Gujarat on 18 January, 2024
NEUTRAL CITATION
R/CR.MA/22135/2023 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. 22135
of 2023
In R/CRIMINAL APPEAL NO. 158 of 2024
With
R/CRIMINAL APPEAL NO. 158 of 2024
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ANKIT RAMESHCHANDRA MODI POA OF A. R. SHROFF
Versus
STATE OF GUJARAT
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Appearance:
MR PARVEZ A PATHAN(10862) 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 : 18/01/2024
ORAL ORDER
ORDER IN R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL)
NO. 22135 of 2023
1. Learned advocate Mr.Parvez Pathan submits that
issuance of the cheque and the signature on the cheque
was not disputed by the respondent-accused. The
judgment and order of the acquittal was passed solely on
the ground that the complainant, who is the power of
attorney holder of the licensee lent the amount to the
respondent-accused. Learned advocate Mr.Pathan draws
NEUTRAL CITATION
R/CR.MA/22135/2023 ORDER DATED: 18/01/2024
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the attention of this Court with regard to the evidence of
the witness, namely, Yogeshbhai Viththalbhai Vasava,
who was examined below Exhibit 29 money landing
offices, in his evidence, he deposed that the license was
given to Dinaben Rameshchandra Modi and the said
license is in existence as on date. From the evidence of
the aforesaid witness, it transpires that there was no any
resolution suggesting that money landing business
cannot be done by the power of attorney holder.
2. Learned advocate Mr.Pathan submits that solely relying
upon the evidence of the money landing officer, the
judgment and order of the acquittal was passed by the
learned trial Court. Learned advocate Mr.Pathan submits
that by examining the said witness there cannot be said
that respondent-accused had successfully rebutted the
presumption, which is in favour of the complainant.
Learned advocate Mr.Pathan further submits that there
was no any defence with regard to the issuance of the
cheque or the signature on the cheque neither the
demand notice was replied by the respondent-accused.
Learned advocate Mr.Pathan submits that without any
NEUTRAL CITATION
R/CR.MA/22135/2023 ORDER DATED: 18/01/2024
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cogent reason, the judgment and order of acquittal was
passed by the learned trial Court and therefore, the same
is required to be interfered with.
3. In view of the above submissions, this Court deems it fit
to allow this application and grant the leave to prefer an
appeal. Hence, this application is allowed. Leave to prefer
an appeal is granted.
R/CRIMINAL APPEAL NO. 158 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 be called for. Appeal be listed in
seriatim.
(M. K. THAKKER,J)
M.M.MIRZA
