Gujarat High Court
Durga Lakshmi Marketing Private ... vs State Of Gujarat on 1 May, 2024
NEUTRAL CITATION
R/CR.MA/7649/2024 ORDER DATED: 01/05/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 7649 of
2024
In R/CRIMINAL APPEAL NO. 996 of 2024
With
R/CRIMINAL APPEAL NO. 996 of 2024
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DURGA LAKSHMI MARKETING PRIVATE LIMITED THRO PRAHALADBHAI
RAMSWARUP AGRAWAL
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR KUNTAL A JOSHI(6269) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS.VRUNDA SHAH ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 01/05/2024
ORAL ORDER
ORDER INR/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL)
NO.7649 OF 2024
1. Learned advocate Mr.Arjun M.Padhiyar submits that,
judgment and order of acquittal passed by the learned
trial court was mainly on the ground that the notice
which was produced by the complainant below Exh.32
mentioning cheque No.434876, however, in the
complaint the cheque no. is mentioned as 534876.
2. Learned advocate Mr.Padhiyar submits that, by mistake
in the office copy, the cheque no. is wrongly stated.
NEUTRAL CITATION
R/CR.MA/7649/2024 ORDER DATED: 01/05/2024
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However, the notice was served to the accused, where
the said mistake was rectified and the cheque number
was rightly mentioned being No.534876, said notice was
produced during the cross examination of the
complainant below Exh.67. Learned advocate
Mr.Padhiyar submits that not only the notice which was
produced by the accused below Exh.67, but the written
memo which was produced below Exh.30, the bank slip
which was produced below Exh.29 and the disputed
cheque which was produced below Exh.28 is consistent
with the notice which was received by the accused.
3. Learned advocate Mr.Padhiyar submits that, though the
mistake was rectified and correct number was mentioned
in the notice which was served to the respondent-
accused below Exh.67, learned trial court has discarded
this evidence and passed the judgment and order of
acquittal only on the ground of discrepancies in the
number. Learned advocate Mr.Padhiyar submits that,
notice was issued to the respondent-accused intimating
with regard to the return of the cheque and thereafter
neither during the notice period nor after the summons
was issued, the respondent-accused had paid the cheque
NEUTRAL CITATION
R/CR.MA/7649/2024 ORDER DATED: 01/05/2024
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amount. However the learned trial court has acquitted
the respondent-accused without any cogent reasons.
4. In view of the above submissions, this Court deems it fit
to allow this application and grant leave to prefer an
appeal.
5. 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.996 of 2024
1. The appeal is admitted. Learned APP Ms.Vrunda 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
