Gujarat High Court
Patel Vikrambhai Girdhardas Through ... vs State Of Gujarat on 30 January, 2024
NEUTRAL CITATION
R/CR.MA/1701/2024 ORDER DATED: 30/01/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 1701 of
2024
In R/CRIMINAL APPEAL NO. 244 of 2024
With
R/CRIMINAL APPEAL NO. 244 of 2024
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PATEL VIKRAMBHAI GIRDHARDAS THROUGH POA PATEL
ALPESHKUMAR VIKRAMBHAI
Versus
STATE OF GUJARAT
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Appearance:
MR K J PANCHAL(2422) for the Applicant(s) No. 1
KARTIKKUMAR K JOSHI(8042) 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 : 30/01/2024
ORAL ORDER
ORDER IN R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL)
NO. 1701 of 2024
1. Learned advocate Mr.K.J.Panchal for the applicant submits
that the judgment and order of the acquittal passed by
the learned trial Court on two counts, one is that
complainant fails to prove the financial capacity and
second is that there is a contradiction in the dates
lending the amount to the respondent-accused. Learned
advocate Mr.Panchal has drawn the attention of this Court
with regard to the income tax return, which is produced
at Exhibit 50 and Exhibit 51 i.e. the audit report and
submits that in the said audit report, gross total income
NEUTRAL CITATION
R/CR.MA/1701/2024 ORDER DATED: 30/01/2024
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which is mentioned is Rs.5 Lakh. In addition to this
income, learned advocate Mr.Panchal has also produced
the village Form No.8-A below Exhibit 49 and submits that
the complainant is also having the agriculture income
and out of this income the complainant had lent the
amount to the respondent-accused.
2. Learned advocate Mr.Panchal has also drawn the
attention of this Court with regard to the examination in
chief, notice and the complaint wherein the specific
statement made with regard to the date on lending
amount i.e. prior to five years. However, in the cross
examination of power of attorney of complainant, at one
place in the cross examination mentioned that the
amount was lent on 05.01.2021, but in the next question,
reply was given that amount was landed before five
years. This date appears to have been mentioned on
being confused as on demanding back the money from
the respondent-accused, the respondent-accused had
given the cheuqe on 05.01.2021 dated 07.01.2021.
3. Learned advocate Mr.Panchal further submits that though
the demand notice was not replied neither signature was
disputed in the cheque and during the statement which
NEUTRAL CITATION
R/CR.MA/1701/2024 ORDER DATED: 30/01/2024
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was recorded under Section 313 of the Code of Criminal
Procedure, 1973, not a single word mentioned about the
probable defence of issuance of the cheque. Learned
advocate Mr.Panchal submits that this act certainly is a
technical act, but the learned trial Court had taken the
hyper technical view and acquitted the respondent-
accused from the charges.
4. In view of the above 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. 244 of 2024
1. The appeal is admitted. Learned APP Ms.Bhatt 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 shall be called for. Matter be
listed in seriatim.
(M. K. THAKKER,J)
M.M.MIRZA
