MAHESHBHAI RATILAL PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned Additional Public Prosecutor waives service of notice of rule on behalf of the respondent-state.

(2.) This application comes up for Special Leave to Appeal after the delay being condoned by separate order dtd. 24/2/2022.

(3.) Learned Advocate for the applicant has submitted that the Court has erroneously concluded that the accused was successful in rebutting the presumption on the ground that Exh-31 was the document, wherein the complainant had admitted to handing over the cheques in question back to the accused person after having received money towards it. Apparently, the complaint was on the basis of two cheques being nos.(i) 373415 and (ii) 344407. The facts would reveal that in connection with cheque no.373415, Exh- 31 was the document executed between the applicant and the respondent-accused and referred to handing over of the cheque back to the accused persons.