Gujarat High Court
Ganeshbhai Sureshbhai Sanas vs State Of Gujarat on 19 June, 2024
NEUTRAL CITATION
R/CR.MA/10064/2024 ORDER DATED: 19/06/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 10064
of 2024
In R/CRIMINAL APPEAL NO. 1286 of 2024
With
R/CRIMINAL APPEAL NO. 1286 of 2024
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GANESHBHAI SURESHBHAI SANAS
Versus
STATE OF GUJARAT & ANR.
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Appearance:
SALMAN S KHAN(9496) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR.JAY MEHTA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 19/06/2024
ORAL ORDER
1. Learned advocate Mr.Salman Khan submits that
judgment and order of acquittal was passed by the
learned trial court mainly on the ground that the
complainant fails to establish his financial capacity to
lend the amount.
1.1. Learned advocate Mr.Salman Khan submits that the
complainant from the beginning has stated in the
complaint that he had lent the amount of Rs.21,00,000/-
out of which Rs.8,00,000/- was from his savings and
NEUTRAL CITATION
R/CR.MA/10064/2024 ORDER DATED: 19/06/2024
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Rs.12,00,000/- from the relatives.
1.2. Learned advocate Mr.Salman Khan submits that to
establish the said fact the complainant has examined the
witness Kalpeshbhai at Exh.39, Sureshbhai Mandubhai
Sanas at Exh.47 and Paresh Sudhakar Chauhan at
Exh.55.
1.3. Learned advocate Mr.Salman Khan submits that the
above witness in their deposition have stated that the
amount was given to the complainant on demand of the
complainant, however, learned trial court has came to
the conclusion that this witness also did not have the
financial capacity to lend the amount.
1.4. Learned advocate Mr.Salman Khan submits that bare
denial of the respondent-accused was accepted by the
learned trial court while acquitting the respondent-
accused though respondent-accused has neither
disputed the cheque nor challenged his signature and
though the presumption which is in favour of the
complainant was not rebutted, learned trial court has
passed the judgment and order of acquittal.
2. In view of the above submissions, this Court deems it fit
to allow this application for seeking leave to prefer an
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R/CR.MA/10064/2024 ORDER DATED: 19/06/2024
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appeal. Hence this application for seeking leave to
prefer an appeal is allowed. Leave to prefer an appeal is
granted.
ORDER IN R/CRIMINAL APPEAL NO. 1286 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)
ARCHANA S. PILLAI
