Allowed

Mukesh Nandlal Shah v. State of Gujarat

Gujarat HC17 Oct 2018CR.MA/10701/2018

Case brief

AI extract

What is this about?

High Court at Ahmedabad allowed an application under Cr.MA seeking leave to prefer appeal regarding acquittal in a cheque dishonour case. The court found that the absence of reply to the demand notice and disregard of legal presumptions under the NI Act necessitated granting leave to appeal.

What did the court decide?

Special leave to prefer appeal to challenge the judgment and order of acquittal is granted.

Mukesh Nandlal Shah Vs State of Gujarat — Cheque Dishonour | Gujarat HC (2018)

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R/CR.MA/10701/2018 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 10701 of 2018

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MUKESH NANDLAL SHAH

Versus

STATE OF GUJARAT

==========================================================

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Appearance:

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MR AMRISH K PANDYA(3219) for the PETITIONER(s) No. 1 MR DAIFRAZ HAVEWALLA(3982) for the RESPONDENT(s) No. 2,3 MR KL PANDYA, ADDL.PUBLIC PROSECUTOR(2) for the RESPONDENT(s) No. 1

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CORAM: HONOURABLE MS JUSTICE SONIA GOKANI

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Date : 17/10/2018

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ORAL ORDER

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1. This is an application seeking leave to prefer

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appeal against the judgment and order of
acquittal dated 30.12.2017 passed by the learned

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5thAdditional Chief Judicial Magistrate,
Vadodara in Criminal Case No.23937 of 2013,
whereby the Court acquitted the respondents No.2
and 3 from the charge under section 138 of the
Negotiable Instruments Act, 1881 (“the N.I.Act”
for short).

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2. This Court has heard learned advocate Mr.
Amrish Pandya appearing for the petitioner and

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Page 1 of 3

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R/CR.MA/10701/2018 ORDER

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learned advocate Mr. Havewala for respondents
No.2 and 3.

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3. It is emphasized on the part of the petitioner
that ledger account has been produced indicating
the outstanding amount of Rs.1,27,90,545/-. He
has further urged that there was continuous
business with respondents, who are into the
hospitality management and were running their
canteens at various places. It is urged that
though the complaint indicates approximate
amount of Rs.2.25 crores by way of documentary
evidence and the oral deposition of authorized
person, the petitioner succeeded in proving the
legally existing debt. However, the Court has
disregarded the legal presumption available

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under sections 118 and 139 of the N.I. Act.

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4. In rejoinder affidavit it is urged that there is no reply to the demand notice issued prior to the lodging of the complaint and moreover, there is no separate complaint made to any authority with regard to the misuse of the post dated cheques.

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Page 2 of 3

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R/CR.MA/10701/2018 ORDER

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5. According to learned advocate Mr. Havewala

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except the ledger account, there is nothing to
indicate as to how the goods had been supplied,
as there is a complete absence of invoice bills,

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income tax return and audit account. He has
urged that the cheques given as post dated
cheques have been misused.

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6. Learned Additional Public Prosecutor has
supported the case of the complainant.

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7. Having regard to the submissions and the
material on record coupled with the absence of
reply to the notice and legal presumption
available under the law, this Court finds that
special leave to prefer appeal to challenge the
judgment and order of acquittal requires to be
granted.

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8. Application stands allowed. Disposed of
accordingly.

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(MS. SONIA GOKANI, J. )

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SUDHIR

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Page 3 of 3

Mukesh Nandlal Shah v. State of Gujarat

Case brief

What is this about?

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Mukesh Nandlal Shah v. State of Gujarat

Case brief

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