In an oral order, the High Court of Gujarat granted leave to appeal in a criminal appeal concerning a cheque dishonour case and disposed of the criminal miscellaneous application without further order.
Leave to appeal was granted; the criminal miscellaneous application was 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/22475/2022 ORDER DATED: 09/12/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 22475 of 2022
In R/CRIMINAL APPEAL NO. 2440 of 2022
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DINESHBHAI KHIMJIBHAI PATEL
Versus VIJAYBHAI DAHYABHAI PATEL
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Appearance:
MR PRABHAKAR UPADYAY(1060) for the Applicant(s) No. 1 for the Respondent(s) No. 1 MR.HARDIK MEHTA APP for the Respondent(s) No. 2
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CORAM: HONOURABLE MS. JUSTICE GITA GOPI
Date : 09/12/2022
ORAL ORDER
Mr.Prabhakar Upadyay, learned advocate for the applicant submits that there is no dispute regarding signature on the cheque while learned trial Court Judge had gone into extraordinary details and placed burden on the complainant to prove the case beyond reasonable doubt and the learned trial Court Judge sought to rely on the share transferred transactions, which actually was in the custody of the accused, as the company was under his management.
Page 1 of 2
R/CR.MA/22475/2022 ORDER DATED: 09/12/2022
Considering the submissions and grounds
raised, leave to appeal is granted. The application stands disposed of.
(GITA GOPI,J)
Manoj
Page 2 of 2
1 issue framed by the court
Whether leave to the criminal appeal should be granted.
Dineshbhai Khimjibhai Patel
Vijaybhai Dahyabhai Patel
Gita Gopi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
