Gujarat High Court
Alok Vijaybhai Kadam vs State Of Gujarat on 2 December, 2019
Author: B.N. Karia
Bench: B.N. Karia
R/CR.RA/1545/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 1545 of 2019
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ALOK VIJAYBHAI KADAM
Versus
STATE OF GUJARAT
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Appearance:
MR. SURAJ A SHUKLA(7185) for the Applicant(s) No. 1
VIJAYKUMAR G VANRAJ(8826) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS. MONALI BHATT, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE B.N. KARIA
Date : 02/12/2019
ORAL ORDER
Draft amendment is allowed.
1. The present applicant has challenged the impugned judgment and order dated 11.10.2019 passed by Ld. 6th Additional Sessions Judge, Vadodara in Criminal Appeal No.123 of 2019 confirming the judgment and order dated 02.05.2019 passed by the learned 9th Additional Chief Judicial Magistrate, Vadodara in Criminal Case No.43503 of 2011.
2. Heard learned advocate for the applicant.
3. Learned advocate for the applicant submits that the impugned judgment and order passed by the learned Trial Court as well as learned Sessions Court convicting the present applicant for the offence punishable under Section 138 of the Negotiable Instruments Act is completely erroneous and illegal as the offence are contrary Page 1 of 3 Downloaded on : Mon Dec 02 21:27:44 IST 2019 R/CR.RA/1545/2019 ORDER to the facts on the record. He further submits that complainant has miserably failed to establish any legal enforceable debt on the part of the applicant. Learned advocate for the applicant has further invited attention of this Court to the judgment of Hon'ble Apex Court reported in the case of A.C. Narayanan and Ors. Versus State of Maharashtra and Ors, wherein it was held that the power of attorney holder who has no knowledge regarding the transactions cannot be examined and in the present case, the power of attorney holder was not aware of the entire transaction between the applicant except remaining alleged cheques were handed over to the complainant. That, the findings of the Trial Court as well as Appellate Court are contrary to the facts and settled position of law.
4. He further submits that as per the complainant, cheque amount was paid to the applicant from London through Thomas Cook, however in the entire proceeding, the complainant has failed to produce any such document regarding the said transaction. That, however, applicant has shown his bonafides by depositing Rs.60,000/- i.e. 20 % of the cheque amount before the learned Sessions Court, thereafter Rs.90,000/- i.e. 30% of the cheque amount was deposited by the present applicant in Criminal Appeal No.123 of 2019 on 29.11.2019. That, total 50% of the cheque amount is deposited by the present applicant.
Page 2 of 3 Downloaded on : Mon Dec 02 21:27:44 IST 2019R/CR.RA/1545/2019 ORDER
5. Issue requires consideration.
6. Rule returnable on 06.01.2020. Learned APP waives service of notice of rule for and on behalf of respondent-State.
7. Prayer made in Para 7(C) shall be granted. The impugned judgment and order dated 11.10.2019 passed by the learned 6th Additional Sessions Judge, Vadodara in Criminal Appeal No.123 of 2019 shall be stayed till the next date of hearing.
(B.N. KARIA, J) SUYASH Page 3 of 3 Downloaded on : Mon Dec 02 21:27:44 IST 2019