HIGH COURT OF GUJARAT
SVP
MAJHIRBHAI MOHSINBHAI ROKADIA PARTNER AT M/S TARA EXPLOSIVES CO. (PARTNERSHIP FIRM) – 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 27.02.2024 passed by the learned 4th Additional Sessions Judge, Panchamahal at Godhra (hereinafter referred to as the “learned Trial Court”) in Criminal Appeal No. 39/2023, whereby, the learned Trial 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 Ms. Shweta Lodha for the applicant, learned advocate Mr. Harjotsingh Kassowal for the respondent no. 2 and learned APP for the respondent State.
3. Learned advocate Ms. Shweta Lodha for the applicant submits that the applicant and the respondent no. 2 were having business transactions and explosive substances were been purchased by the respondent no. 2. That an amount of Rs. 9,91,970/- was remaining towards which the respondent no. 2 gave cheque no. 000032 dated 20.08.2018 for RS. 6 lakhs from his account with Bank of Baroda, Halol Branch. The cheque was deposited by the applicant i
The court granted leave to appeal, indicating that differing interpretations of evidence by lower courts necessitate further examination of the case.
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 appellate court has the authority to review evidence in acquittal cases but must uphold the presumption of innocence and respect the trial court's findings unless compelling reasons exist.
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 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.
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 court emphasized the necessity for proper appreciation of evidence and documents in cases involving cheque dishonor under Section 138 of the NI Act.
The trial court's failure to properly appreciate evidence can lead to a successful challenge against an acquittal under Section 138 of the Negotiable Instruments Act.
The court emphasized the necessity for proper evaluation of evidence in cases involving acquittal under the Negotiable Instrument Act.
The failure of the Trial Court to appreciate documentary evidence warrants reconsideration of the acquittal in a cheque dishonor case.
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