Sardar Jarnailsingh Tarloksingh Lotey vs State Of Gujarat
2024 Latest Caselaw 4855 Guj

Gujarat High Court

Sardar Jarnailsingh Tarloksingh Lotey vs State Of Gujarat on 18 June, 2024

                                                                                   NEUTRAL CITATION




   R/CR.MA/9899/2024                                 ORDER DATED: 18/06/2024

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          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 9899 of
                            2024

                  In R/CRIMINAL APPEAL NO. 1270 of 2024

                                 With
                   R/CRIMINAL APPEAL NO. 1270 of 2024
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             SARDAR JARNAILSINGH TARLOKSINGH LOTEY
                              Versus
                    STATE OF GUJARAT & ANR.
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Appearance:
MR JITENDRA H NAVANI(13676) for the Applicant(s) No. 1
MR. JAINAMSINGH J RATHOD(14277) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR.JAY MEHTA ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1
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 CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER

                              Date : 18/06/2024

                                  ORAL ORDER

1. Learned advocate Mr.Jitendra Navani submits that

judgment and order of acquittal was passed by the

learned trial court only on the ground that complainant

fails to establish the financial capacity to lend the

amount.

1.1. Learned advocate Mr.Navani submits that, though

issuance of the cheque is not disputed, neither

signature is disputed and though demand notice was

not replied challenging the financial capacity of the

NEUTRAL CITATION

R/CR.MA/9899/2024 ORDER DATED: 18/06/2024

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complainant to lend the amount, the learned trial court

has passed the judgment and order of acquittal.

1.2. Learned advocate Mr.Navani submits that, merely

non production of the Income Tax return has been

considered by the learned trial court as rebutting the

presumption in the favour of complainant.

1.3. Learned advocate Mr.Navani submits that no

probable defence was raised with regard to the

issuance of the cheque by the respondent-accused

and neither respondent-accused has appeared for

recording of further statement under section 313 of

the Cr.P.C. Learned advocate Mr.Navani submits that

no defence was raised by the learned trial court,

however without any cogent reasons, judgment and

order of acquittal is passed by the learned trial court.

2. In view of the above submissions, this Court deems it fit

to allow this application for seeking leave to prefer an

appeal.

3. Hence this application for seeking leave to prefer an

appeal is allowed. Leave to prefer an appeal is granted.

NEUTRAL CITATION

R/CR.MA/9899/2024 ORDER DATED: 18/06/2024

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ORDER IN R/CRIMINAL APPEAL NO. 1270 of 2024

1. The appeal is admitted. Learned APP Mr.Jay Mehta 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) NIVYA A. NAIR