Arifbhai Ganibhai Vohra vs State Of Gujarat
2024 Latest Caselaw 5194 Guj

Gujarat High Court

Arifbhai Ganibhai Vohra vs State Of Gujarat on 21 June, 2024

                                                                                   NEUTRAL CITATION




   R/CR.MA/9910/2024                                 ORDER DATED: 21/06/2024

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        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 9910 of
                             2024
             In R/CRIMINAL APPEAL NO. 1312 of 2024
                             With
               R/CRIMINAL APPEAL NO. 1312 of 2024
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                       ARIFBHAI GANIBHAI VOHRA
                                 Versus
                       STATE OF GUJARAT & ANR.
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Appearance:
VISHAL K ANANDJIWALA(7798) for the Applicant(s) No. 1
MR KEVAL R DHOLAKIYA(12277) for the Respondent(s) No. 2
MR P P MAJMUDAR(5284) 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 : 21/06/2024
                        ORAL ORDER

ORDER IN R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 9910 of 2024

1. Learned advocate Mr.Vishal Anandjiwala submits that there are five cheques issued by the respondent-accused out of which the cheuqe which was issued and for which the criminal case being No.1453 of 2017 was filed which was resulted into the acquittal against which the criminal appeal is preferred, which was admitted by this Court vide order dated 05.05.2022. Learned advocate Mr. Vishal Anandjiwala submits that addition to that insolvency petition was filed by the respondent-accused against eight persons including the present complainant, which was ultimately dismissed for non-prosecution.

2. Learned advocate Mr.Vishal Anandjiwala submits that the complainant has invested the amount in the business of the respondent-accused and to repay that amount the cheque, which was issued was dishonored. Learned

NEUTRAL CITATION

R/CR.MA/9910/2024 ORDER DATED: 21/06/2024

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advocate Mr.Vishal Anandjiwala submits that the minor discrepancies like on which date, which year, which place the amount is lent is not mentioned in the notice and much weightage has been given in the chief examination and though the presumption was not rebutted, which in favour of the complainant, learned trial Court has passed the judgment and order of acquittal.

3. Considering the submissions, this Court deems it fit to allow this application for seeking leave to prefer an appeal. Hence, present application is allowed. Leave to prefer an appeal is granted.

ORDER IN R/CRIMINAL APPEAL NO. 1312 of 2024

1. The appeal is admitted. Learned APP Mr.Mehta waives service of notice of admission on behalf of the respondent-State as well as learned advocate Mr.Keval Dholakiya waives service of notice of admission on behalf of the respondent No.2.

2. To be heard with Criminal Appeal No.730 of 2021.

3. Record and Proceedings shall be called for.

(M. K. THAKKER,J) M.M.MIRZA