Gujarat High Court
Bansilal Chhaganlal Shah Prop. Of ... vs Hiteshkumar Hasmukhlal Mistri on 15 April, 2025
NEUTRAL CITATION
R/CR.MA/6578/2025 ORDER DATED: 15/04/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO.6578 of 2025
(FOR LEAVE TO APPEAL)
In
F/CRIMINAL APPEAL NO. 12010 of 2025
=============================================
BANSILAL CHHAGANLAL SHAH PROP. OF VARDHAMAN
FINANCE THRO POA MAYUR BANSILAL SHAH
Versus
HITESHKUMAR HASMUKHLAL MISTRI & ANR.
=============================================
Appearance:
MS AMRITA AJMERA(5204) for the Applicant(s) No. 1
MS JIRGA JHAVERI, APP for the Respondent(s) No. 2
=============================================
CORAM:HONOURABLE MS. JUSTICE S.V. PINTO
Date : 15/04/2025
ORAL ORDER
1. The present application is filed by the applicant - original complainant under Section 378(4) of the Code of Criminal Procedure, 1973 seeking leave to file an appeal against the order dated 20.01.2025 passed by the learned Additional Judicial Magistrate, First Class, Navsari (hereinafter referred to as the "learned Trial Court") in Criminal Case No. 896/2022, whereby, the learned Trial Court was pleased to acquit the accused from the offence under Section 138 of Negotiable Instrument Act, 1881 (hereinafter referred to "the N.I. Act" for short). Page 1 of 4 Uploaded by F.S. KAZI(HC01075) on Tue Apr 15 2025 Downloaded on : Tue Apr 15 22:24:08 IST 2025
NEUTRAL CITATION R/CR.MA/6578/2025 ORDER DATED: 15/04/2025 undefined
2. Heard learned advocate Ms.Amrita Ajmera for the applicant and learned APP Ms. Jirga Jhaveri for the respondent No.2 - State.
3. Learned advocate Ms. Amrita Ajmera for the applicant submits that the applicant was doing the business of finance in the name and style of Vardhman Finance and as the respondent no.1 was in need of money, he approached the applicant and the applicant gave an amount of Rs.4,50,000/- by cheque No.000070 dated 23.06.216 from his account with HDFC Bank, Navsari branch and an amount of Rs.1,00,000/- by cheque No.000081 dated 19.06.2019 from his account with Bank of India, Navsari Branch to the respondent no.1. The respondent No.1 was paying interest on the amount loaned regularly and the necessary promissory notes and other documents were also executed. Towards the above referred amount, the respondent No.1 gave cheque No.053847 for an amount of Rs.4,50,000/- and cheque No.053848 for an amount of Rs.3,82,700/- both from his account with the Bank of India, Lunsikui Navsari Branch. The cheques were deposited by the applicant in his account, but both the cheques returned unpaid Page 2 of 4 Uploaded by F.S. KAZI(HC01075) on Tue Apr 15 2025 Downloaded on : Tue Apr 15 22:24:08 IST 2025 NEUTRAL CITATION R/CR.MA/6578/2025 ORDER DATED: 15/04/2025 undefined with the endorsement "Funds Insufficient". The demand statutory notice was given which was duly served to the respondent No.1 but the amount was not paid, and hence, the applicant filed the complaint under Section 138 of N.I.Act before the Court of Chief Judicial Magistrate, Navsari, which came to be registered as Criminal Case No. 896/2022. The respondent No1 was duly served and during trial, the applicant has produced his examination-in- chief and 23 documentary evidences in support of his case. Learned advocate for the applicant submits that during the period from 2016 to 2021, the respondent No.1 has paid the amount of interest and had also paid an amount of Rs.94,500/- by cheque No.116573 dated 20.06.2019 and had also executed a promissory note and has admitted the transactions between them but the learned Trial Court did not appreciate the evidence properly and has concluded that the debt was a time barred debt and by the impugned judgment and order was pleased to acquit the respondent No.1 from the offence under Section 138 of the N.I.Act. Learned advocate submits that the applicant has a good case on merits, and hence, the application for leave to appeal may be granted.
Page 3 of 4 Uploaded by F.S. KAZI(HC01075) on Tue Apr 15 2025 Downloaded on : Tue Apr 15 22:24:08 IST 2025
NEUTRAL CITATION R/CR.MA/6578/2025 ORDER DATED: 15/04/2025 undefined
4. Learned APP Ms. Jirga Jhaveri for the respondent State has submitted that the learned Trial Court has considered all the documents produced by the applicant and has also considered the evidence and has passed the impugned order of acquittal considering the settled principles of law and hence, the leave to appeal may not be granted.
5. Considering the submissions of learned advocate for the applicant as also the paper book on record and the impugned judgment and order, prima facie, it appears that the applicant has produced all the necessary documents as evidence in support of his case but the learned Trial Court has failed to appreciate the entire evidence in proper perspective, and hence, in the peculiar facts and circumstances of the case and in the considered opinion of this Court, the application deserves to be considered. Consequently, the application for leave to appeal is granted and disposed off accordingly.
(S. V. PINTO,J) F.S.KAZI Page 4 of 4 Uploaded by F.S. KAZI(HC01075) on Tue Apr 15 2025 Downloaded on : Tue Apr 15 22:24:08 IST 2025