BHUMIT VASANTBHAI BHALANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Learned APP Mr. Pandya waives service of notice of admission on behalf of the respondent No.1 State.

(2.) Heard Mr. Jigneshkumar Pandav, learned advocate for the applicant. He has placed on record the paper book of the documentary evidence, which he proposes to rely upon. The same is permitted to be taken on record.

(3.) He has invited attention of this Court to the findings and reasons recorded by the learned Magistrate, while recording the order of acquittal. He has submitted that the learned Magistrate has on erroneous ground arrived at conclusion that the disputed cheque was given as a security cheque. He has further submitted that the learned Magistrate has on wrong yardstick has rebutted assumption drawn in favour of the complainant at the stage of cross-examination of the complainant inspite of the overwhelming evidence, which has been produced on record by the complainant to establish the existence of legally enforceable debt as on the date of presentation of the cheque. He has relied upon the decision of the Hon'ble Apex Court in the case of Kalamani Tex Vs. P. Balasubramanian reported in 2021 (5) SCC 283. He, therefore, urged this Court to grant leave to appeal.