HARESHBHAI RAGHAVJIBHAI VARIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an application for granting leave to appeal against the order of acquittal dtd. 11/12/2019 passed by learned 7th Additional Senior Civil Judge and Additional Chief Judicial Magistrate, Surat in Criminal Case No.15824 of 2010.

(2.) Learned advocate for the applicant submitted that the applicant had furnished fresh address of the respondent accused and made an attempt to serve upon the notice issued by this Court in the application for leave to appeal. However, respondent No.2 has refused to accept service of notice and in that connection, an affidavit is also filed on behalf of the applicant.

(3.) Learned advocate for the applicant has submitted that learned trial Court has held that the applicant is unable to establish is source of income so as to justify giving of loan against which the subject cheque has been issued by the respondent accused. It is submitted that burden was erroneously shifted on the shoulder of the applicant despite there was nothing on record of the learned trial Court by which the respondent accused had successfully rebutted presumption.