The Gujarat High Court granted leave to appeal in a criminal application concerning a cheque dishonour case, where the applicant challenged the trial court's finding that the complainant had failed to prove the charge despite evidence production.
Leave to appeal is 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/3454/2022 ORDER DATED: 06/12/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 3454 of 2022 In R/CRIMINAL APPEAL NO. 365 of 2022
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RAMESHKUMAR NATHURAM SONAIYA
Versus STATE OF GUJARAT
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Appearance:
KUSHAL A DESAI(9435) for the Applicant(s) No. 1 NOTICE SERVED 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 : 06/12/2022
ORAL ORDER
Mr. Desai,, learned advocate for the
applicant submits that the learned Trial
Court Judge has committed an error by
observing that the complainant has failed to
prove the burden though the balance sheet was
produced of the amount lended to the accused
and even statutory legal notice was issued
demanding the money. Thus, Mr. Desai submits
that the case under Section 138 of the
Negotiable Instruments Act, 1881 is under the
presumption where the signature on the cheque
is not disputed and no reply to the notice
Page 1 of 2
R/CR.MA/3454/2022 ORDER DATED: 06/12/2022
has been given and when the case of the
applicant is substantiated by the balance
sheet and income-tax returns, inspite of
that, the learned Trial Court Judge has
pressed total burden on the complainant where
the accused had failed to rebut the evidence.
Considering the submissions made, leave
to appeal is granted.
(GITA GOPI,J)
Maulik
Page 2 of 2
1 issue framed by the court
Whether the high court should grant leave to appeal against the trial court's order in a cheque dishonour case.
1 provisions across 1 enactments
RAMESHKUMAR NATHURAM SONAIYA
STATE OF GUJARAT
GITA GOPI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court