This oral order grants leave to appeal in a criminal matter pending before the High Court of Gujarat, accepting the applicant's submissions regarding unanswerable statutory notice and the trial court's burden of proof allocation.
Leave to appeal allowed.
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/21725/2022 ORDER DATED: 28/11/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION NO. 21725 of 2022 In R/CRIMINAL APPEAL NO. 2358 of 2022
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ICON FINANCIAL SERVICE THROUGH GAUTAMBHAI REVABHAI CHAVDA
Versus STATE OF GUJARAT
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Appearance:
MS SALONI D SHAH(12775) for the Applicant(s) No. 1 for the Respondent(s) No. 2 PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM: HONOURABLE MS. JUSTICE GITA GOPI
Date : 28/11/2022
ORAL ORDER
Ms. Shah, learned advocate for the
applicant states that statutory notice has
not been answered and no police complaint has
been filed for any loss of cheque. She
further states that the complainant is a
financial establishment which had granted
loan and the loan amount was maintained and
till 10.10.2017, the installments were paid
and thereafter, failed to pay the remaining
15 installments and thus, by way of late
payment of fee and another charges, cheque
amount was given. However, the learned Trial
Page 1 of 2
R/CR.MA/21725/2022 ORDER DATED: 28/11/2022
Court Judge has placed the burden on the
complainant rather than on the accused who
was required to rebut the evidence.
Considering the submissions, leave to
appeal is granted.
(GITA GOPI,J)
Maulik
Page 2 of 2
1 issue framed by the court
Whether leave to file a Reference Criminal Misc. Application should be granted in the given facts.
ICON FINANCIAL SERVICE THROUGH GAUTAMBHAI REVABHAI CHAVDA
STATE OF GUJARAT
GITA GOPI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court