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DHARMENDRA JAYANTILAL PATEL Versus STATE OF GUJARAT AND 1

2016 (5) TMI 729 - GUJARAT HIGH COURT

Negotiable Instrument Act - denial of chance to summons an officer from the Income Tax Department - Held that:- The cross-examination undertaken by the petitioner and the complainant was also thoroughly considered and there does not appear to be any pointed question in relation to ledger account. It is not the case for the cross-examination of the petitioner that this is concocted document. Matter is still to be adjudicated, as the revisional Court has pointed out. The trial Court is required to .....

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ourt concerned in that regard. Moreover, if such document is relied upon by the Court, the petitioner shall be at liberty to challenge the same before the Appellate Forum as well. However, at this stage, in absence of any specific cross-examination being made in relation to 6th page of the ledger account. No case is made out for interfering with the orders of both the Courts below. Hence, this petition stands dismissed . - SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 2729 of 2016 - Dated:- 3-5-20 .....

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ting year 2014-15, the documents submitted below Exh. 43 are not genuine, as out of page Nos. 1 to 6, the page No. 6 is concocted and deliberately joined as a part of IT return. He therefore, moved an application before the court concerned urging that the responsible officer from the Income tax Department needs to be summoned, which has been objected to by the other side. The Court denied the same on the ground that no reason is given as to why such summons is necessary. Moreover, the Court did .....

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otiable Instrument Act is signature of the partner on the cheque. There is no defence of the petitioner that he has not signed the cheque. Presumption also can be raised in this regard under the law. The Revisional Court is of the opinion that such an application has been tendered only to further delay the trial and therefore, rejected revision application vide its order dated 7th April, 2016. The petitioner approached this Court seeking the following relief :- (A) Your Lordships be pleased to a .....

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se No. 292 of 2014 pending in the learned Additional Chief Metropolitan Magistrate, N.I.ACt Court No. 35, Ahmedabad, in the interest of justice (D) Your Lordships be pleased to pass any other and further order/s as may be deemed fit and proper in the interest of justice. Mr.M.B.Rana, learned advocate appearing for the applicant has been heard at length .According to him, ledger account is concocted by denying him a chance to summons an officer from the Income Tax Department . The right of the ac .....

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