The single judge granted leave to appeal by the applicant, acknowledging no dispute on signature or loan account, and noting the trial court unduly burdened the complainant to prove the case beyond reasonable doubt.
Leave to appeal granted.
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/22969/2022 ORDER DATED: 15/12/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 22969 of 2022
In
R/CRIMINAL APPEAL NO. 2489 of 2022
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BARODA GUJARAT GRAMIN BANK THRO RATANLAL TAHELRAM KHILVANI
Versus
STATE OF GUJARAT
========================================================== Appearance:
MR DHARMESH V SHAH(1050) for the Applicant(s) No. 1 MS DRASHTI D SHAH(11443) 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 : 15/12/2022
ORAL ORDER
Mr. Dharmesh V.Shah, learned advocate for the applicant submits that the cheque was given in connection with the loan account, which was on the interest and the learned trial Court Judge had led down unnecessary burden on the complainant to prove the case beyond all reasonable doubt, where there is no dispute with regard to the signature on the cheque and no dispute has been raised regarding the loan account.
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R/CR.MA/22969/2022 ORDER DATED: 15/12/2022
Considering the submissions and the grounds raised,
leave to appeal is granted.
(GITA GOPI,J)
Pankaj
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Baroda Gujarat Gramin Bank Thro Ratanlal Tahelram Khilvani
State of Gujarat
Gita Gopi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
