Gujarat High Court Case Information System
Print
CR.A/24/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
APPEAL No. 24 of 2011
=========================================
ANILBHAI
JETHABHAI SOLANKI - Appellant(s)
Versus
STATE
OF GUJARAT & 1 - Opponent(s)
=========================================
Appearance :
MR
SOEB R BHOHARIA for Appellant(s) : 1,
MR HL JANI ADDITIONAL PUBLIC
PROSECUTOR for Opponent(s) : 1,
None for Opponent(s) :
2,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 18/01/2011
ORAL
ORDER
Present
appellant – original complainant has filed this Appeal against
the judgment and order dated 18.10.2010 passed by the learned
Metropolitan Magistrate (N.I. Act, Court No.6) Ahmedabad in Criminal
Case No.1631 of 2009.
Learned
advocate Mr. Bhoharia appearing on behalf of the appellant that the
learned trial Judge has committed grave error in passing the order of
acquittal of the accused. He submitted that learned Magistrate has
wrongly held that the complainant has filed to prove legal debt and
also completely overlooked the evidence of the complainant. The
accused has not disputed about his signature upon the cheque. He
further submitted that in such kind of offence, the accused cannot be
acquitted, but the learned Magistrate by ignoring the evidence, has
acquitted the accused.
Heard
learned APP Mr. Jani for the respondent – State.
The
complainant has not kept the account for borrowing the money to the
accused nor he has kept any note about the said money. There is no
agreement or writing for the said money and it is not stated in the
return of Income-Tax. Learned advocate has convinced the Court about
the observation made in para 20 of the judgment and order of the
trial Court about the cheque amount as well as demand of the money.
Lastly, he submitted that he may be permitted to withdraw the appeal
with a view to file Civil Suit.
In
view of the statement made by the learned advocate Mr. Bhoharia for
the appellant, permission is granted and the appeal stands disposed
of as withdrawn with a liberty to file Civil Suit before the
appropriate forum.
(Z.K.SAIYED,
J.)
ynvyas
Top