MOHMMADIQBAL ABDULKARIM LAKDAWALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr.M.M. Saiyed, learned advocate on record for the applicant - original complainant.

(2.) This is an application seeking leave to appeal filed under Sub-Sec. 4 of Sec. 378 of Code of Criminal Procedure, 1973 seeking permission of this Court to th challenge the judgment and order of acquittal dated 6 th December, 2022 passed by the learned 6 Additional Judicial Magistrate First Class, Bharuch in Criminal Case No.4981 of 2021. Mr.Saiyed has invited attention of this Court to the findings and reasons recorded by the learned Magistrate and has submitted that in absence of any denial of the signature of the disputed cheque, about service of statutory notice upon the accused, the fact of dishonour of cheque, the complaint being filed within the prescribed period of limitation, the presumption ought to have been drawn in favour of the complainant with regard to existence of legally enforceable debt as on date of presentation of the cheque. The learned Magistrate, without appreciating the aforesaid aspect, has erroneously shifted burden upon the complainant to establish the case beyond reasonable doubt.

(3.) Considering the submissions made by the learned advocate for the applicant, the application seeking leave to appeal requires consideration. Hence, leave to appeal is granted.