In a criminal reference, Justice Gita Gopi granted leave to appeal against a trial court judgment on a cheque dishonour case, accepting arguments that the trial court misapplied Section 138 N.I. Act standards.
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/7310/2022 ORDER DATED: 12/12/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 7310 of 2022
In
R/CRIMINAL APPEAL NO. 779 of 2022
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SARGAM BAKULESH GUPTA THRO POA PRAVINBHAI MANIBHAI PATEL
Versus STATE OF GUJARAT
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Appearance: MR TUSHAR N VYAS(3161) for the Applicant(s) No. 1 NOTICE UNSERVED 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 : 12/12/2022
ORAL ORDER
Mr. Tushar N.Vyas, learned advocate for the applicant submits that the learned trial Court Judge has failed to consider the object of section 138 of the N.I. Act, where the signature on the cheque is not disputed and unnecessary burden has been laid down on the complainant to prove the case beyond all reasonable doubt, and the learned trial Court Judge has entered into the nicety of the contract, which was not in dispute between the parties, where the only prima facie case, which the complainant required to show is the presence
Page 1 of 2
R/CR.MA/7310/2022 ORDER DATED: 12/12/2022
of legal dues.
Considering the submissions and the grounds raised, leave to appeal is granted.
(GITA GOPI,J)
Pankaj
Page 2 of 2
2 issues framed by the court
Whether the trial court erred in failing to consider the object of section 138 of the N.I. Act where the signature was not disputed.
Whether the trial court wrongly required the complainant to prove the case beyond reasonable doubt instead of establishing prima facie liability.
1 provisions across 1 enactments
SARGAM BAKULESH GUPTA THRO POA PRAVINBHAI MANIBHAI PATEL
STATE OF GUJARAT
GITA GOPI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
