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HIGH COURT OF GUJARAT
S.V. PINTO
Shaitul Shaileshbhai Patel – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. loan and cheque details (Para 1 , 2) |
| 2. arguments for leave to appeal (Para 3 , 4 , 5 , 6) |
| 3. response from the state (Para 7) |
| 4. trial court's conclusion (Para 8) |
| 5. importance of evidence appreciation (Para 9) |
ORDER :
1. The present application is filed by the applicant – original complainant under Section 419(4) Bharatiya Nagarik Suraksha Sanhita 2023, seeking leave to appeal against the judgement and order dated 12.08.2024 passed by the learned 10th Additional Session Judge, Surat in Criminal Appeal No. 479 of 2022, whereby, the Sessions Court was pleased to reverse the conviction of the respondent no. 2 – original accused for the offence punishable under Section 138 of the Negotiable Instrument Act , 1881 (hereinafter referred to “the Act” for short) recorded by the learned 16th Additional Chief Judicial Magistrate, Surat (hereinafter referred to as the “learned Trial Court”) by a judgement and order dated 24.08.2022 in Criminal Case No. 17177 of 2018.
2. The brief facts culled from the memo of the application as well the judgement and order are as under:
2.2 The accused was duly served with the summons and the accused appeared before the learned Trial Court and his
The presumption under Section 139 of the NI Act favors the complainant, and the accused must rebut this presumption with credible evidence.
The presumption under Section 139 of the Negotiable Instruments Act must be drawn in favor of the holder of the cheque, and misinterpretation of evidence by the Trial Court warrants leave to appeal.
The court affirmed that the applicant failed to establish a legally enforceable debt under Section 138 of the NI Act, leading to the dismissal of the appeal for leave.
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 led to the granting of leave to appeal against the acquittal under Section 138 of the Negotiable Instruments Act.
The trial court's failure to properly appreciate evidence warrants reconsideration of the acquittal under Section 138 of the NI Act.
Differing evaluations of evidence by trial and appellate courts necessitate a review, justifying the granting of leave to appeal.
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 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 presumption of a cheque being for discharge of a debt is rebuttable, and the applicant failed to prove the cheque represented a legally enforceable debt.
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