PATEL RUPAL SHAMBHUBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application seeking special leave to appeal has been filed under Sec. 378(4) of the Code of Criminal Procedure at the instance of the original complainant seeking challenge of judgment and order dtd. 25/11/2022 passed by the learned Special Judge, N.I. Court, Vadodara, in Criminal Case No.1045 of 2017. By the said judgment and order, the learned Special Judge has proceeded to dismiss the complaint by holding that the complainant has failed to prove his case.

(2.) The transaction in question as narrated by the original complainant is that:

(3.) Mr. Jay Thakkar, learned advocate on record for the applicant -original complainant while drawing attention of this Court to the aforesaid findings and reasons recorded by the learned Magistrate, has placed reliance on the admission of the accused as reflected in statement recorded under Sec. 313 of the Code of Criminal Procedure with regard to signing of the cheque as well as issuance of the said cheque in the name of the complainant. The learned advocate has emphasized on the fact that though the question was put to the complainant with regard to incorporation of details of the figure in the cheque, the same has been categorically denied by the complainant. In such circumstances, the burden had continued upon the respondent - accused to establish his defence of misuse of blank security cheque. He further emphasized on the fact that in absence of any evidence being led by the respondent -accused, there was no rebuttal of presumption in the eyes of law and thus, the learned Magistrate having satisfied with the compliance of the basic ingredients of Sec. 138 of the Negotiable Instruments Act, the accused ought to have been convicted for the said offence. He, therefore, urged this Court that an arguable case lies to grant special leave to appeal and let the evidence be closely re-appreciated by this Court after admission of the appeal.