Gujarat High Court
Pareshkumar Somalal Soni vs State Of Gujarat on 16 April, 2025
NEUTRAL CITATION
R/CR.MA/5472/2025 ORDER DATED: 16/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC. APPLICATION NO.5472 of 2025
(FOR LEAVE TO APPEAL)
In
F/CRIMINAL APPEAL NO. 10430 of 2025
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PARESHKUMAR SOMALAL SONI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR NIRAV K PADHIYAR(5678) for the Applicant(s) No. 1
MS JIRGA JHAVERI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE S.V. PINTO
Date : 16/04/2025
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 08.01.2025 passed by the learned 5 th Additional Chief Judicial Magistrate, First Class, Banaskantha at Palanpur (hereinafter referred to as the "learned Trial Court") in Criminal Case No. 5647/2019, 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).
2. Heard learned advocate Mr.Nirav Padhiyar for the Page 1 of 4 Uploaded by F.S. KAZI(HC01075) on Tue Apr 22 2025 Downloaded on : Tue Apr 22 21:29:14 IST 2025 NEUTRAL CITATION R/CR.MA/5472/2025 ORDER DATED: 16/04/2025 undefined applicant and learned APP Ms.Jirga Jhaveri for the respondent No.1 - State.
3. Learned advocate Mr.Nirav Padhiyar for the applicant submits that the applicant was doing the business of jewelry and money lending and has a licence for lending the money. As the respondent no.2 was in need of Rs.5,00,000/- to purchase a tractor, he had taken an amount of Rs.5,00,000/- from the applicant for a period of one year. That on demand, the respondent No.2 issued cheque No.001808 dated 07.11.2019 of Rs.5,00,000/- from his account with Banas Jilla Madhyasth Sahakari Bank, Sisrana Branch. The cheque was deposited by the applicant in his account, but the cheque returned unpaid with the endorsement "Funds Insufficient". The demand statutory notice was given, which was duly served to the respondent No.2 and the respondent No.2 gave an evasive reply and did not pay up the amount, and hence, the applicant filed the complaint under Section 138 of N.I.Act before the Court of Chief Judicial Magistrate, Banaskantha at Palanpur, which came to be registered as Criminal Case No. 5647/2019. The respondent No.2 was duly served with the summons and he appeared before the learned Trial Court and the entire evidence of the applicant was taken on record. During trial, talks of Page 2 of 4 Uploaded by F.S. KAZI(HC01075) on Tue Apr 22 2025 Downloaded on : Tue Apr 22 21:29:14 IST 2025 NEUTRAL CITATION R/CR.MA/5472/2025 ORDER DATED: 16/04/2025 undefined compromise were going on and on that ground, the respondent No.2 had taken a number of adjournments and had also paid an amount of Rs.50,000/- in two installments. The main defence of the respondent No.2 was that the father of the respondent No.2 had purchased gold and silver jewelry and the applicant had filed various complainants under Section 138 of the N.I.Act against various persons. Learned advocate for the applicant submits that the learned trial Court has not appreciated the documentary evidence in proper perspective and even though from the documentary evidence, the legally recoverable debt was proved, the learned Trial Court has acquitted the respondent No.2 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.
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.
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NEUTRAL CITATION R/CR.MA/5472/2025 ORDER DATED: 16/04/2025 undefined
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 22 2025 Downloaded on : Tue Apr 22 21:29:14 IST 2025