JIGAR JITENDRA SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Mr. Shah, learned advocate for the applicant submits that there are two agreements, which have been placed on record at Exhs.12 and 13. Mr. Shah submits that the cheque amount is Rs.21,00,000.00 and the transaction at Exh.13 reflects the due and payable amount of Rs.21,00,000.00. Inspite of that, the learned Trial Court Judge has not given due consideration and has referred to the earlier payments, which were made in context of the earlier transactions, while the complainant could very well establish on record the due payment by way of agreement which was exhibited during the trial.

(2.) Countering the same, Advocate Mr. Shukla for the respondents no.2 and 3 submits that the learned Trial Court Judge has categorically dealt with all the payments which were done by the accused through the Bank account and even by way of NEFT and cheques. Mr. Shukla submits that the learned Trial Court Judge has rightly appreciated all the evidence on record and has come to the conclusion that there was nothing due and payable and submits that the complainant has very categorically denied the document at Exh.12. Mr. Shukla also states that Summary Suit was also filed which was in context to Rs.20,96,550.00.

(3.) Considering the submissions of Mr. Shah of the cheque amount which could be related to the agreement at Exh.13, leave to appeal is granted.