08/12/2022 IN THE HIGH COURT OF GUJARAT AT…
Leave to appeal granted; matter disposed of.
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R/CR.MA/22387/2022 ORDER DATED: 08/12/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 22387 of 2022
In R/CRIMINAL APPEAL NO. 2420 of 2022
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MUKESH SITARAMBHAI SADHU Versus STATE OF GUJARAT
========================================================== Appearance:
MR.ADITYA ASTHWADI FOR CHETANKUMAR V DARJI(9309) 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 : 08/12/2022
ORAL ORDER
Mr.Aditya Asthwadi, learned advocate for the applicant submits that the evidence on record suggests that there was an Undertaking of settlement between the complainant and the accused with regard to the amount of Rs.6,68,000/-, and in part payment, cheque of Rs.50,000/- was paid; in spite of that, the learned trial Court Judge has placed unnecessary burden on the complainant to prove the case beyond all reasonable doubt, while it was for the accused to rebut the statutory presumption when signature on
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R/CR.MA/22387/2022 ORDER DATED: 08/12/2022
the cheque has not been disputed.
Considering the submissions and grounds raised, 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 signature on the cheque has been disputed.
1 provisions across 1 enactments
MUKESH SITARAMBHAI SADHU
STATE OF GUJARAT
GITA GOPI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
