Prakashchandra Bhawarlal Sai Trading ... vs Patel Pratkkumar Nareshbhai Kantibhai

Gujarat High Court

Prakashchandra Bhawarlal Sai Trading ... vs Patel Pratkkumar Nareshbhai Kantibhai on 28 November, 2023

                                                                                         NEUTRAL CITATION




   R/CR.MA/20597/2023                                       ORDER DATED: 28/11/2023

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        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 20597
                            of 2023
             In R/CRIMINAL APPEAL NO. 2614 of 2023
                             With
               R/CRIMINAL APPEAL NO. 2614 of 2023
==========================================================
      PRAKASHCHANDRA BHAWARLAL SAI TRADING COMPANYs
                      ADMINISTRATOR
                          Versus
          PATEL PRATKKUMAR NARESHBHAI KANTIBHAI
==========================================================
Appearance:
JAYDEEP H SINDHI(9585) for the Applicant(s) No. 1
 for the Respondent(s) No. 1
MS VRUNDA SHAH, ADDL.PUBLIC PROSECUTOR for the Respondent(s)
No. 2
==========================================================
 CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
                  Date : 28/11/2023
                   ORAL ORDER

ORDER IN R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 20597 of 2023

1.Learned advocate Mr.Jaydeep Sindhi for the applicant submits that initially the complaint was filed under Section 138 of the Negotiable Instruments Act, 1886 being Criminal Case No.471 of 2018. The aforesaid complaint was settled, the settlement agreement was placed on record by filing the pursis below Exhibit 16. The aforesaid case was disposed of. Learned advocate Mr.Sindhi submits that in the said agreement, the reference of three cheques is already there Page 1 of 3 Downloaded on : Tue Nov 28 20:43:56 IST 2023 NEUTRAL CITATION R/CR.MA/20597/2023 ORDER DATED: 28/11/2023 undefined out of which, one of the cheque is disputed in the present complaint. Learned advocate Mr.Sindhi further submits that again given cheque was dishonored and therefore the impugned complaint came to be filed.

2.Learned advocate Mr.Sindhi submits that though settlement agreement was produced and the papers of the Criminal Case being 471 of 2018 were perused by the learned Court below, the judgment and order of the acquittal was passed only on the ground that the complainant fails to prove the legally enforcible debt. Learned advocate Mr.Sindhi further submits that initial transaction was with regard to the purchase of the farming products and against which the cheque was issued, which was dishonored and therefore the Criminal Case No.471 of 2018 was filed.

3.Therefore, it is submitted by the learned advocate Mr.Sindhi that the learned Court below had committed a grave error in acquitting the respondent­accused without any cogent reason.

4.In view of the above submissions, this Court Page 2 of 3 Downloaded on : Tue Nov 28 20:43:56 IST 2023 NEUTRAL CITATION R/CR.MA/20597/2023 ORDER DATED: 28/11/2023 undefined deems it fit to allow this application. Hence, present application is allowed. Leave to prefer an appeal is granted.

ORDER IN R/CRIMINAL APPEAL NO. 2614 of 2023

1.The appeal is admitted. Learned APP waives service of notice of admission on behalf of respondent­State.

2.Issue Bailable Warrant in the sum of Rs.5,000/­ (Rupees Five Thousand Only) against the respondent­original accused.

3.Record and Proceedings shall be called for. Matter be listed in seriatim.

(M. K. THAKKER,J) M.M.MIRZA Page 3 of 3 Downloaded on : Tue Nov 28 20:43:56 IST 2023