Gujarat High Court
Modi Suhit Ashokkumar vs State Of Gujarat on 24 June, 2024
NEUTRAL CITATION
R/CR.MA/11781/2023 ORDER DATED: 24/06/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 11781
of 2023
In R/CRIMINAL APPEAL NO. 1602 of 2023
With
R/CRIMINAL APPEAL NO. 1602 of 2023
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MODI SUHIT ASHOKKUMAR
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR KAMLESH S KOTAI(6150) for the Applicant(s) No. 1
MR.J.K.SHAH ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1
RULE NOT RECD BACK for the Respondent(s) No. 2
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 24/06/2024
ORAL ORDER
1. Learned advocate Mr.Kamlesh Kotai submits that,
judgment and order of acquittal was passed by the
learned trial court that, though it is contended by the
complainant that the amount which was repaid i.e.
Rs.1,20,000/- was with regard to the earlier
transaction. Learned trial court has assigned the
reasons that there were no evidence to show the
existence of earlier transactions.
NEUTRAL CITATION
R/CR.MA/11781/2023 ORDER DATED: 24/06/2024
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1.1. Learned advocate Mr.Kotai has drawn the
attention of this Court with regard to the cross
examination of the respondent-accused below
Exh.26 wherein the respondent-accused himself has
admitted that previously also there were
transactions with the complainant.
1.2. Learned advocate Mr.Kotai has submitted that
even as per the statement produced by the
respondent-accused below Exh.41 all the amounts
that are stated to have been paid prior to the
issuance of the cheque. Learned advocate Mr.Kotai
relies on the settlement agreement produced below
Exh.21 wherein the respondent-accused admitted
the debt and assured to pay it within a short span of
time.
1.3. Learned advocate Mr.Kotai submits that, the
bare defence with regard to the security cheque
and payment of the debt with regard to the present
transaction was accepted by the learned trial court
without establishing the same by convincing the
evidence which may create doubt with regard to the
legally enforceable debt qua the complainant.
NEUTRAL CITATION
R/CR.MA/11781/2023 ORDER DATED: 24/06/2024
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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.
ORDER IN R/CRIMINAL APPEAL NO. 1602 of 2023
1. The appeal is admitted. Learned APP Mr.J.K.Shah 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
