Pandit Gaurinath Haradhan vs Biki @ Manjural Husen Shaikh Salim on 4 January, 2021

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Gujarat High Court

Pandit Gaurinath Haradhan vs Biki @ Manjural Husen Shaikh Salim on 4 January, 2021

Bench: Bela M. Trivedi

        R/CR.MA/1703/2019                                  ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/CRIMINAL MISC.APPLICATION NO. 1703 of 2019

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                  PANDIT GAURINATH HARADHAN
                            Versus
         BIKI @ MANJURAL HUSEN SHAIKH SALIM & 1 other(s)
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Appearance:
MR PRAKASH G PANDYA(3041) for the Applicant(s) No. 1
MR. BK. RAJ(3794) for the Respondent(s) No. 1
MS CM SHAH, APP for the Respondent(s) No. 2
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 CORAM: HONOURABLE MS. JUSTICE BELA M. TRIVEDI

                            Date : 04/01/2021

                             ORAL ORDER

1. The present application has been filed by the applicantoriginal complainant seeking leave to appeal against the judgment and order dated 13.04.2018 passed by the Additional Chief Metropolitan Magistrate, Ahmedabad in Criminal Case No. 1703 of 2013 acquitting the respondentaccused from the charges levelled against him under Sections 415 and 417 of the IPC.

2. As per the case of the applicantcomplainant the respondent accused had borrowed money to the tune of Rs. 2,00,000/ from the complainant, four to five months prior to the date 14.02.2013, however he had given the cheque of Rs. 2,00,000/ by putting date of 14.02.2012 with the intention to defraud the complainant. When the said cheque was presented before the State Bank of India, it was dishonored with the endorsement that it was an outdated cheque. According to the complainant, he had thereafter requested the accused to pay him the money of the cheque, however the same was not paid and therefore the complaint was filed. The Trial Court after Page 1 of 3 Downloaded on : Tue Jan 05 22:20:00 IST 2021 R/CR.MA/1703/2019 ORDER appreciating the evidence on record has acquitted the respondent accused by the impugned judgment and order.

3. It is sought to be submitted by the learned Advocate Mr. Prakash Pandya for applicant that the trial court has committed an error of law by misappreciating the evidence on record as also mis interpreting the provisions of Section 415 of IPC. According to him, the respondentaccused with a view to defraud the complainant had deliberately mentioned wrong date and therefore a clear case of cheating was made out under Section 415 of the IPC. However, the learned Advocate Mr. Raj for the respondentaccused while supporting the findings recorded by the trial Court submitted that the complainant had not raised any objection while accepting the cheque, on the contrary, he had presented the cheque after one year of its issuance and therefore it was returned as an outdated cheque by the Bank.

4. Having regard to the submissions made by the learned Advocates appearing for the parties and to the documents on record, more particularly, the judgment in question, it appears that the trial Court after properly appreciating the evidence on record has acquitted the accused by holding that the ingredients of Section 415 of IPC were not proved by the applicantcomplainant beyond reasonable doubt. It also appears from the deposition of the applicantcomplainant that while accepting the cheque in question, he had not raised any objection about the date and that the dispute as regards the mistake in the date was raised one year after its issuance. It is not believable that the complainant would have accepted the cheque without verifying the contents thereof more particularly, the date. The Court therefore finds substance in the submission of Mr. Raj that there was no mistake in mentioning the date in the cheque in question, but the Page 2 of 3 Downloaded on : Tue Jan 05 22:20:00 IST 2021 R/CR.MA/1703/2019 ORDER complainant himself had presented the same one year after its issuance. Under the circumstances, the Court does not find any illegality or infirmity in the findings recorded by the trial Court.

5. In that view of the matter, the present application seeking leave to appeal deserves to be dismissed and is accordingly dismissed. As a result thereof, the Criminal Appeal filed by the original complainant also stands dismissed.

(BELA M. TRIVEDI, J) SINDHU NAIR Page 3 of 3 Downloaded on : Tue Jan 05 22:20:00 IST 2021

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