In a criminal miscellaneous application, the applicant contended that the acquittal was erroneous as the car was on rental and no consideration was paid. The High Court of Gujarat granted leave to appeal in R/CR.A. No. 1883 of 2022 and disposed of the application.
Leave to appeal in R/CR.A. No. 1883 of 2022 granted; application disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
R/CR.MA/17524/2022 ORDER DATED: 23/11/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 17524 of 2022
In R/CRIMINAL APPEAL NO. 1883 of 2022
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IMRANBHAI UMARJIBHAI PATEL
Versus STATE OF GUJARAT
========================================================== Appearance:
MR DHVALKUMAR R PRAJAPATI(12251) for the Applicant(s) No. 1 for the Respondent(s) No. 2 MR.HARDIK MEHTA APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MS. JUSTICE GITA GOPI
Date : 23/11/2022
ORAL ORDER
[1] Mr.Dhavalkumar Prajapati, learned advocate for the applicant submits that car was given on rent on contractual basis to the accused which was seized by the police in the case of prohibition. He further submits that the agreement to rent is also executed between the parties and no money has been paid in accordance with the contract. Thus, the learned trial Court has wrongly placed burden on the complainant and acquitted the accused under Section 138 of the Negotiable Instruments Act.
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R/CR.MA/17524/2022 ORDER DATED: 23/11/2022
[2] Considering the submissions and the averments made in the application, leave to appeal is granted. The application stands disposed of.
(GITA GOPI,J)
Manoj
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1 issue framed by the court
Whether leave to appeal should be granted on the ground of err in acquittal under Section 138 of the Negotiable Instruments Act.
Imranbhai Umarjibhai Patel
State of Gujarat
Gita Gopi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
