Kamla Traders Proprietor Kailashkumar ... vs State Of Gujarat
2024 Latest Caselaw 729 Guj

Gujarat High Court

Kamla Traders Proprietor Kailashkumar ... vs State Of Gujarat on 29 January, 2024

                                                                                     NEUTRAL CITATION




    R/CR.MA/1686/2024                                 ORDER DATED: 29/01/2024

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        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 1686 of
                            2024
                              In
               R/CRIMINAL APPEAL NO. 236 of 2024
                             With
               R/CRIMINAL APPEAL NO. 236 of 2024
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             KAMLA TRADERS PROPRIETOR KAILASHKUMAR GIRDHARILAL SHAH
                                            Versus
                                   STATE OF GUJARAT
==============================================================================
Appearance:
MR. JAY M THAKKAR(6677) for the Applicant(s) No. 1
for the Respondent(s) No. 2
PUBLIC PROSECUTOR for the Respondent(s) No. 1
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  CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
                   Date : 29/01/2024
                    ORAL ORDER

Order in Criminal Misc. Application Learned advocate Mr. Jay M. Thakkar draws the attention of the Court with regard to observation made by the learned trial Court wherein the learned trial Court comes to the conclusion that as complainant fails to produce the delivery challan showing that the goods is received by the respondent - accused, the respondent was acquitted from the charges. Learned advocate draws the attention of this Court with regard to the Exhibit-24 i.e. the reply to the demand notice. On perusing the said reply, there was no any defence which was raised by the respondent - accused with regard to the non receiving of the goods, only defence which was raised is that the cheque which was given towards the security was misused

NEUTRAL CITATION

R/CR.MA/1686/2024 ORDER DATED: 29/01/2024

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by the complainant. Learned advocate submits that signature on the cheque was not disputed by the respondent - accused neither the transaction was disputed. However, bare defence which was accepted by the learned trial Court without creating any circumstances, would not absolve the respondent - accused from the liability. Learned advocate submits that though the bills were produced below Exhibit-71 to 73 and the same was prove through the evidence of the complainant. The same was discarded and judgment and order of acquittal was passed. Learned advocate submits that in the reply to the demand notice, stand was taken that amount of the bills were already paid in cash or through the account payee cheques from the Account of brother namely Kamlesh R. Parikh. However, no such defence was proved through examining the said Kamlesh Parikh nor through the bank's statement of the brother though not a single question was put during the cross-examination on the complainant which suggest the probable defence of the respondent - accused, judgment and order of acquittal was passed.

In view of the above submissions, Court finds that there is some arguable case, and therefore, leave to appeal is granted. Hence, application to prefer appeal is allowed.

NEUTRAL CITATION

R/CR.MA/1686/2024 ORDER DATED: 29/01/2024

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Order in Criminal Appeal Appeal is admitted. Learned advocate Ms. Dixa U. Pandya for learned advocate Mr. Hiren S. Somaiya waives service of notice of admission on behalf of the respondent

- accused.

Let Record and Proceedings be called for. Matter be listed in seriatim.

(M. K. THAKKER,J)

Manoj Kumar Rai