Patel Navinbhai Trikambhai vs State Of Gujarat
2024 Latest Caselaw 848 Guj

Gujarat High Court

Patel Navinbhai Trikambhai vs State Of Gujarat on 31 January, 2024

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     R/CR.MA/1903/2024                                  ORDER DATED: 31/01/2024

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            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 1903 of
                            2024
                              In
               R/CRIMINAL APPEAL NO. 257 of 2024
                            With
              R/CRIMINAL APPEAL NO. 257 of 2024
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                         PATEL NAVINBHAI TRIKAMBHAI
                                   Versus
                             STATE OF GUJARAT
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Appearance:
MR JA ADESHRA(107) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3,4,5,6
MS. M.H.BHATT, APP for the Respondent(s) No. 1
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    CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER

                               Date : 31/01/2024

                                ORAL ORDER

Order in Criminal Misc. Application:

1. This is an application by the applicant - original complainant under Section 378(4) of the Code of Criminal Procedure, 1973, seeking leave of this Court to present an appeal against the judgment and order of acquittal, passed by the learned Additional Civil Judge & Judicial Magistrate First Class, Vijapur dated 24.8.2023 in Criminal Case No. 1270 of 2019.

2. Heard, learned advocates appearing for respective parties and perused the impugned judgment and order of the trial Court.

3 Mr.J.A.Adeshra, learned advocate for the applicant

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R/CR.MA/1903/2024 ORDER DATED: 31/01/2024

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submits that though the presumption which is in favour of the complainant under Section 118 and 139 of the Negotiable Instrument Act was not rebutted by the respondent-accused by creating circumstances or by leading the evidence which shows the probable defence, the learned trial Court has acquitted the respondent-accused. Learned advocate has drawn the attention of this Court with regard to the observations made at page 10 wherein, the transactions with the complainant was not denied by the respondent-accused neither the signature on the cheque was disputed. Learned advocate submits that in the statement recorded under Section 313 of the Criminal Procedure Code also no any probable defence was raised before the learned trial Court.

Learned advocate submits that though all the partners were as on date were also in the existence as partner of the firm, the learned Court below has acquitted the respondent-accused by giving the snap judgement. Learned advocate submits that with regard to that the existence of the partner, Form No.G was produced below Exh.84 before the the learned trial Court. Learned advocate submits that though there was no any defence created during the cross-examination by the respondent-accused, the judgement and order of acquittal was passed as if the learned trial Court is trying recovery suit. Therefore, learned advocate prays to grant the leave to prefer an appeal and to admit this appeal.

4. Considering the avernments made in the application and submissions made by the learned advocates appearing for the respective parties, this Court finds that there is some arguable

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R/CR.MA/1903/2024 ORDER DATED: 31/01/2024

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case in favour of the applicant, therefore, leave, as prayed for, is granted. This application is allowed.

Order in Criminal Appeal:

1. Appeal is admitted. Learned APP waives service of notice of admission on behalf of respondent No.1 - 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 from the concerned court.

4. List this matter in seria tim.

(M. K. THAKKER,J) BEENA SHAH