Gujarat High Court
Rameshbhai Shankerbhai Patel vs State Of Gujarat on 9 January, 2023
NEUTRAL CITATION
R/CR.MA/6820/2022 ORDER DATED: 09/01/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 6820 of 2022
In R/CRIMINAL APPEAL NO. 717 of 2022
With
R/CRIMINAL APPEAL NO. 717 of 2022
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RAMESHBHAI SHANKERBHAI PATEL
Versus
STATE OF GUJARAT
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Appearance:
MR MANISH J PATEL(2131) for the Applicant(s) No. 1
DEVESH K SHAH(9595) for the Respondent(s) No. 2
KAIVAN M DASTOOR(9322) for the Respondent(s) No. 2
MS. ASHIMTA PATEL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 09/01/2023
ORAL ORDER
ORDER IN APPLICATION [1] Rule. Learned Additional Public Prosecutor Ms. Ashmita Patel appears and waives service of notice of rule.
[ 2 ] Present application under Section 378(4) of the Code of Criminal Procedure, 1973 has been preferred by the applicant for Leave to Appeal against the impugned judgment and order of acquittal dated 15.03.2022 passed by Additional Chief Judicial Magistrate First Class, Bayad, in Criminal Case No. 805 of 2018 acquitting the opponent herein - original accused.
[3] Ms. Namrarata Khubchandani, learend advocate had invited my attention to findings recorded by trial Court and had submitted that in absence of any dispute with regard to signature of disclosure of accused on disputed cheque, the trial court ought to have raised statutory presumption of " legally enforceable debt" existing in Page 1 of 3 Downloaded on : Sun Sep 17 20:38:18 IST 2023 NEUTRAL CITATION R/CR.MA/6820/2022 ORDER DATED: 09/01/2023 undefined favour of complainant as on date of presentation of cheque. She further submitted that the trial Court on irrelevant consideration has accepted the defense of accused. She further referred to rely upon the compromise purshis Exh: 8 dated 29.09.2018 whereby the accused had infact admitted legal dues and further assured to make such payment in installments. She therefore, urged this Court to grant leave to appeal.
[4] Mr. Kaivan Dastor, learned advocate has entered his appearance on behalf of respondent-accused, but has failed to appear.
[5] Having heard the learned advocate for the applicant and learned Additional Public Prosecutor Ms.Ashmita Patel, for the respondent-State and having perused the impugned judgment and order of acquittal. Considering the submission made by the applicant on the grounds raised in appeal, the Court finds that at one stage the acknowledgment of dues has come on record in the form of purshis Exh:8. Hence, I am of the view that the appeal cannot be dismissed at threshold. Hence, the present application is allowed and leave to appeal, as prayed for, is hereby granted.
ORDER IN APPEAL Heard learned advocate Mr. Patel appearing for the appellant- original complainant.
Considering the decision in the case of State of Gujarat Vs. Kailashchandra reported in 2000(3) GLR 2487, the present appeal is admitted. Learned Additional Public Prosecutor Ms. Patel, Page 2 of 3 Downloaded on : Sun Sep 17 20:38:18 IST 2023 NEUTRAL CITATION R/CR.MA/6820/2022 ORDER DATED: 09/01/2023 undefined waives service of notice of admission on behalf of respondent- State Issue bailable warrant in sum of Rs.10,000/- against the private respondent-accused.
Registry is directed to call for the record and proceedings.
(NISHA M. THAKORE,J) VISHAL MISHRA Page 3 of 3 Downloaded on : Sun Sep 17 20:38:18 IST 2023