Mahendrakumar Tarachand Shah vs State Of Gujarat on 4 February, 2020

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Gujarat High Court

Mahendrakumar Tarachand Shah vs State Of Gujarat on 4 February, 2020

Bench: B.N. Karia

        R/CR.RA/132/2020                                      ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        R/CRIMINAL REVISION APPLICATION NO. 132 of 2020

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                 MAHENDRAKUMAR TARACHAND SHAH
                             Versus
                       STATE OF GUJARAT
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Appearance:
MR PRATIK Y JASANI(5325) for the Applicant(s) No. 1
for the Respondent(s) No. 2
Ms. M.H.Bhatt, APP (2) for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR.JUSTICE B.N. KARIA

                           Date : 04/02/2020

                             ORAL ORDER

The applicant has challenged the order of acquittal dated 10.12.2019 passed by learned 14th Additional District Judge, Rajkot in Criminal Appeal No. 194 of 2018.

Heard learned advocate for the applicant. Learned advocate for the applicant submits that impugned order passed by the Appellate Court is on erroneous assumptions, is of excess of jurisdiction and violative of principles of natural justice. That, the appellate Court has wrongly reversed the judgment and order of conviction and sentence passed by learned trial Court without appreciating the fact that respondent No.2-accused has not proved any ground on which the conviction on merit could be set aside. That, the applicant has lent amount of Rs.5.00 Lakhs to the respondent No.2 and the said amount was legally enforceable debt which was not paid by respondent No.2 . That, learned Appellate Court has wrongly observed that the complaint has been filed by the applicant before expiry of 15 days period as provided Page 1 of 2 Downloaded on : Tue Feb 04 23:28:04 IST 2020 R/CR.RA/132/2020 ORDER u/s. 138(C) of Negotiable Instruments Act, 1881 . He has relied upon the decision of the Apex Court rendered in case of Yogendra Pratap Singh Vs. Savitri Pandey & Anr. reported in 2014 Law Suit (SC) 793. That, subsequent decision passed in the same matter wherein, Hon'ble Apex Court permitted the complainant to file fresh complaint on the same cause of action was not considered at all. That, other four Criminal Appeals being Nos. 143 of 2018, 144 of 2018, 145 of 2018 and 193 of 2018 are pending before the Sessions Court. If decision of the Hon'ble Apex Court relied upon by Sessions Court would be applied then it would create injustice to the present applicant which is pending between the same parties. Learned Sessions Court may not consider the same while passing the final order till the next date of hearing.

Issue requires consideration.

Notice for final disposal returnable on 11.2.2020. Ms. M.H.Bhatt, learned APP waives service of notice for and on behalf of the respondent -State.

Mr. K.S.Chandrani, learned advocate waives service of notice for and on behalf fo the respondent No.2 (B.N. KARIA, J) BEENA SHAH Page 2 of 2 Downloaded on : Tue Feb 04 23:28:04 IST 2020

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