Valsad District Central Co-Operative ... vs State Of Gujarat on 11 March, 2019

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Gujarat High Court

Valsad District Central Co-Operative ... vs State Of Gujarat on 11 March, 2019

Bench: R.P.Dholaria

        R/CR.MA/4303/2019                                  ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/CRIMINAL MISC.APPLICATION NO. 4303 of 2019
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     VALSAD DISTRICT CENTRAL CO-OPERATIVE BANK LIMITED
                            Versus
                      STATE OF GUJARAT
==========================================================
Appearance:
MR ADIL R MIRZA(2488) for the Applicant(s) No. 1
for the Respondent(s) No. 2
Ms. Hansa Punani, APP (2) for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR.JUSTICE R.P.DHOLARIA

                            Date : 11/03/2019

                             ORAL ORDER

1. This is an application preferred by the applicant under Section 378(4) of the Code of Criminal Procedure 1973 for leave to appeal against the judgment and order of acquittal dated 26.11.2018 passed in N.I. Case No. 89 of 2015 by learned Judicial Magistrate First Class, Vansda

2. Rule. Ms. Hansa Punani, learned APP waives service of notice of rule on behalf of the respondent -State.

3. Heard Mr.Adil Mirza, learned advocate for the applicant and Ms. Hansa Punani, learned APP for the respondent -State.

4. As per the complaint, complainant is Co-operative Bank Ltd. alleged to have granted personal loan to accused in Page 1 of 3 R/CR.MA/4303/2019 ORDER sum of Rs. 2,50,000/- for establishing the business of DJ Sound . It is further averred that in due discharge of his legal liability arising out of the aforesaid loan account, cheque bearing No. 882369 dated 30.4.2015 was issued for sum of Rs. 1,99,000/- in favour of complainant which came to be dishonoured because of insufficient funds.

5. After conclusion of trial, learned trial Court recorded clear findings that no iota of evidence in order to establish that the complainant-bank had advanced the personal loan to the accused for Rs. 2,50,000/- was produced on record. Similarly, the bank also fails to produce any documentary evidence to show loan account indicating that in the said loan account amount to the extent of Rs.1,99,000/- was remained to be unpaid on the part of the accused as legal debt and therefore, for the aforesaid reason, learned trial Court recorded the clear findings that complainant fails to prove that the aforesaid cheque was issued towards the due discharge of legal liability.

6. Indisputably, the complainant -Bank has neither produced any documents indicating sanction of loan to the present applicant nor produced any account for outstanding amount indicating Rs.1,99,000/- to the account of accused. Consequently, therefore, complainant fails to prove that the said cheque was issued towards due discharge of legal liability .

Page 2 of 3

R/CR.MA/4303/2019 ORDER Therefore, learned trial Court has rightly acquitted the accused. Hence, no case is made out for granting any leave to appeal against the aforesaid judgment and order of acquittal.

5 As a result, application for leave to appeal is rejected. Rule is discharged.

(R.P.DHOLARIA, J) BEENA Page 3 of 3

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