Back
HIGH COURT OF GUJARAT
MS. JUSTICE S.V. PINTO, J
TOFIQBHAI MOHAMMADBHAI MUKATI – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
S.V. PINTO, J.
1. The present application is filed by the applicant – original complainant under Section 378(4) of Code of Criminal Procedure, 1973 seeking leave to file an appeal against the judgement and order dated 23.02.2024 passed by the learned 3rd Additional District and Sessions Judge, Navsari in Criminal Appeal No. 19/2019, whereby, the learned Sessions Court was pleased to acquit the accused from the offence under Section 138 of Negotiable Instrument Act, 1881 (hereinafter referred to “the NI Act” for short).
2. Heard learned advocate Mr. Minhaj Shaikh for the applicant and learned APP Ms. Jirga Jhaveri for the respondent State.
3. Learned advocate Mr. Minhaj Shaikh for the applicant submits that the applicant and the respondent no. 2 had financial dealings and towards the settlement for the same, the cheque in question was given by the respondent no. 2 which was returned unpaid and after that the demand statutory notice was given. The respondent no. 2 did not pay the amount and hence, the criminal complaint was filed before the Court of learned Additional Chief Judicial Magistrate, Gandevi. The learned Additional Chief Judicial Magistrate, Gandevi was pleased to conv
The court emphasized the importance of proper evidence evaluation in criminal cases, allowing the applicant to appeal the acquittal based on perceived misappreciation of evidence.
The court emphasized the necessity for the Trial Court to properly appreciate all evidence and documents, leading to the granting of leave to appeal against acquittal under Section 378(4) of the Code....
The presumption under Section 139 of the NI Act favors the complainant, and the accused must rebut this presumption with credible evidence.
A leave to appeal was granted as the trial court's acquittal was based on a misinterpretation of evidence regarding a financial transaction and cheque dishonor.
The statutory presumption under Section 139 of the Negotiable Instruments Act must be applied in favor of the holder in due course unless effectively rebutted by the accused.
Leave to appeal granted as trial court dismissed the case without considering the applicant's submitted documents and presence in another court.
The court granted leave to appeal, indicating that differing interpretations of evidence by lower courts necessitate further examination of the case.
The presumption under Section 139 of the Negotiable Instruments Act must be drawn in favor of the holder unless rebutted, and misinterpretation of evidence by the Trial Court can lead to a successful....
The trial court's failure to properly appreciate evidence led to the granting of leave to appeal against the acquittal under Section 138 of the Negotiable Instruments Act.
The court emphasized the necessity for proper appreciation of evidence and documents in cases involving cheque dishonor under Section 138 of the NI Act.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
