Gujarat High Court
Bhagwanji Bhavsangji Jadeja vs State Of Gujarat on 30 January, 2024
NEUTRAL CITATION
R/CR.MA/636/2024 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. 636 of
2024
In R/CRIMINAL APPEAL NO. 249 of 2024
With
R/CRIMINAL APPEAL NO. 249 of 2024
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BHAGWANJI BHAVSANGJI JADEJA
Versus
STATE OF GUJARAT
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Appearance:
JIGNESHKUMAR M NAYAK(8558) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS MONALI BHATT, APP 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 CRIMINAL MISC. APPLICATION :-
1. Heard Mr.M.V.Gadhavi, learned advocate for
the petitioner.
2. Mr.M.V.Gadhavi, learned advocate for the
petitioner submits that though the
complainant had issued the cheque and put
signature on the cheque and the presumption
which is provided under Sections 118 and 139
of the Negotiable Instruments Act was not
rebutted by leading the probable defence, the
judgment and order of acquittal was passed by
the learned trial Court. Learned advocate
further draws attention of this Court with
regard to the cross examination from there
also, no any question was put suggesting his
NEUTRAL CITATION
R/CR.MA/636/2024 ORDER DATED: 30/01/2024
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probable defence, however the learned trial
Court had acquitted the respondent - accused
on the ground that the complainant was not
having knowledge about the survey number of
his field and there was no any revenue record
produced showing that he is having the
agricultural activities and the goods was
purchased by the respondent - accused.
Learned advocate further submits that the
bills showing transactions between the
respondent - accused and the complainant were
produced below exhibit nos.24 to 27 and the
said bills were not rebutted by the
respondent - accused and neither raised any
grievance with regard to non receiving of the
goods and the learned trial Court had
acquitted the respondent accused. Learned
advocate further submits that in fact, the
question was put that wheat was transported
in two trucks and wheat which was cultivated
in the field of the family members were also
sold and there was no any inconsistency in
the evidence of the complainant. Learned
advocate further submits that though the
presumption under Section 118 wherein it is
provided that until the contrary is proved,
it would be presumed that any negotiable
instrument was made or drawn for
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R/CR.MA/636/2024 ORDER DATED: 30/01/2024
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consideration. Learned advocate also relies
upon Section 139 of the Negotiable Instrument
Act, wherein it is provided that until the
contrary is proved, it shall be presumed that
the holder of cheque received the cheque for
discharge of the whole or any part of the
debt or liability. Learned advocate submits
that in the Further Statement recorded under
Section 313 of the Criminal Procedure Code
also, the respondent - accused had not denied
with regard to the evidence of the
complainant. By submitting the same, learned
advocate prays to grant leave and to admit
the appeal.
3. In view of the above submissions, this Court
deems it fit to allow this application
seeking leave to prefer an appeal. Hence, the
present application is allowed.
ORDER IN CRIMINAL APPEAL :-
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)
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R/CR.MA/636/2024 ORDER DATED: 30/01/2024
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against the respondent-original accused.
3. Record and Proceedings shall be called for.
Matter be listed in seriatim.
(M. K. THAKKER,J)
MOHMMEDSHAHID
