Gujarat High Court
Patel Sanjaykumar Somabhai vs State Of Gujarat on 19 January, 2024
NEUTRAL CITATION
R/CR.MA/1211/2024 ORDER DATED: 19/01/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 1211 of
2024
In R/CRIMINAL APPEAL NO. 168 of 2024
With
R/CRIMINAL APPEAL NO. 168 of 2024
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PATEL SANJAYKUMAR SOMABHAI
Versus
STATE OF GUJARAT
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Appearance:
MR KAMLESH S KOTAI(6150) 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 : 19/01/2024
ORAL ORDER
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 1211 of
2024.
1. Learned advocate, Mr.Kotai submits that though the
signature on the cheque was not disputed and the
demand notice was not replied by the respondent-
accused, the learned trial court had passed judgment and
order of the acquittal only on relying on the evidence of
the accused-witness at Exhibit 38, who stated that in his
presence the accused had given an amount of
NEUTRAL CITATION
R/CR.MA/1211/2024 ORDER DATED: 19/01/2024
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Rs.15,000/- to the complainant and the cheque was not
returned on demand. Learned advocate Mr.Kotai submits
that though the said witness was not summoned by the
learned trial court and he being the friend of the accused
had deposed in his testimony supporting the case of the
accused, learned trial Court had acquitted the respondent
by holding that the respondent-accused had successfully
rebutted the presumption which is in favour of the
complainant.
2. Learned advocate Mr.Kotai submits to show the financial
capacity, the license of the dairy was produced below
Exhibit 26 and the ledger account was produced below
Exhibit 29 wherein the entry landing money on
01.01.2019 of Rs.4,50,000/- was reflected. Learned
advocate Mr.Kotai submits that the learned trial court did
not believe the case of the complainant, who had
established during the trial that addition to the income
from the dairy he is having the agriculture income and in
support of that he produced 7/12 abstract below Exhibit
27. Learned advocate Mr.Mr.Kotai submits that though
from the cross examination of the complainant under no
NEUTRAL CITATION
R/CR.MA/1211/2024 ORDER DATED: 19/01/2024
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circumstances showing that there was no any illegally
enforceable debt to the complainant was established, the
judgment and order was passed by the learned trial Court
without any cogent reason.
3. Considering the submissions, this Court deems it fit to
allow this application seeking leave to prefer an appeal.
Hence, present application is allowed. Leave to prefer an
appeal is granted.
ORDER IN R/CRIMINAL APPEAL NO. 168 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
