High Court of Gujarat allowed leave to the respondent in criminal appeal No. 1001 of 2022 upon the applicant's submission regarding statutory presumption about agricultural income and cheque issuance, disposing of the criminal miscellaneous application.
Leave to appeal is granted. The application stands disposed of.
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R/CR.MA/9176/2022 ORDER DATED: 07/12/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 9176 of 2022
In
R/CRIMINAL APPEAL NO. 1001 of 2022
With
R/CRIMINAL APPEAL NO. 1001 of 2022
========================================================== RAJESHBHAI KODARBHAI PATEL
Versus
KALPESHKUMAR MAGANBHAI PATEL
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Appearance:
JAYDEEP H SINDHI(9585) for the Applicant(s) No. 1 for the Respondent(s) No. 1 MR PRANAV TRIVEDI APP for the Respondent(s) No. 2
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CORAM: HONOURABLE MS. JUSTICE GITA GOPI
Date : 07/12/2022
ORAL ORDER
applicant submitted that, the complainant is an agriculturist and since the agricultural income is not taxable, there is no requirement of maintaining the accounts, and the accused has not denied the receipt of goods supplied by the complainant and in payment, has issued cheque; thus Mr. Sindhi submits that the learned trial Court Judge ought to have considered the case and
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R/CR.MA/9176/2022 ORDER DATED: 07/12/2022
should have seen that the statutory presumption has not been rebutted by the accused.
raised, leave to appeal , is granted. The application stands disposed of.
(GITA GOPI,J)
Pankaj
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RAJESHBHAI KODARBHAI PATEL
KALPESHKUMAR MAGANBHAI PATEL
GITA GOPI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
