Gujarat High Court
Rajesh Chunilal Jain vs Rajendrakumar K Tekrival on 1 August, 2025
NEUTRAL CITATION
R/CR.MA/2125/2022 ORDER DATED: 01/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC. APPLICATION NO. 2125 of 2022
(FOR LEAVE TO APPEAL)
In
R/CRIMINAL APPEAL NO. 220 of 2022
With
R/CRIMINAL APPEAL NO. 220 of 2022
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RAJESH CHUNILAL JAIN
Versus
RAJENDRAKUMAR K TEKRIVAL & ANR.
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Appearance:
MR DHRUV K DAVE(6928) for the Applicant(s) No. 1
MR ATUL SHARMA(11174) for the Respondent(s) No. 1
MR P P MAJMUDAR(5284) for the Respondent(s) No. 1
PUBLIC PROSECUTOR for the Respondent(s) No. 2
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CORAM:HONOURABLE MS. JUSTICE S.V. PINTO
Date : 01/08/2025
ORAL ORDER
ORDER IN CRIMINAL MISC. APPLICATION :
1. The present application is filed by the applicant -
original complainant seeking leave to file an appeal against the judgment and order passed by the learned 7 th Additional Chief Judicial Magistrate, Vadodara (hereinafter referred to as the "learned Trial Court") in Criminal Case No. 37747 of 2003 on 23.07.2021, whereby, the learned Trial Court was pleased to acquit Page 1 of 5 Uploaded by F.S. KAZI(HC01075) on Mon Aug 04 2025 Downloaded on : Mon Aug 04 22:35:00 IST 2025 NEUTRAL CITATION R/CR.MA/2125/2022 ORDER DATED: 01/08/2025 undefined 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.S.S.Vayeda for learned advocate Mr. Dhruv Dave for the applicant and learned advocate Mr. Suraj Matida for learned advocate Mr.P.P.Majmudar for the respondent no. 1 and learned APP Mr. Pranav Dhagat for the respondent no. 2 - State.
4. Learned advocate Mr. Vayeda for the applicant submits that the applicant and the respondent no. 1 having business transaction and started construction work and for the construction work, towards which, the respondent no. 1 issued cheque No.2125296 dated 11.06.2003 for an amount of Rs.16,00,000/- from the account with Dena Bank, Navlakhi Choraya Branch. The cheque was deposited by the applicant in his account with the Collective Bank Corporation, Dandiya Bazar Branch, but the cheque returned unpaid with the endorsement "Account Closed". The demand statutory notice was given but the Page 2 of 5 Uploaded by F.S. KAZI(HC01075) on Mon Aug 04 2025 Downloaded on : Mon Aug 04 22:35:00 IST 2025 NEUTRAL CITATION R/CR.MA/2125/2022 ORDER DATED: 01/08/2025 undefined respondent no. 1 did not accept the notice and did not pay the amount within the stipulated period, and hence, the applicant filed the complaint under Section 138 of the N.I.Act before the Court of Chief Judicial Magistrate, Vadodara, which came to be registered as Criminal Case No. 37747 of 2003. The respondent no. 1 was duly served with the summons and he appeared before the learned Trial Court and after his plea was recorded, the applicant produced the oral and documentary evidence on record. Further statement recorded under Section 313 of Cr.P.C., 1973 of the respondent no. 1 was recorded and the respondent no. 1 produced five documentary evidence in support of his case. After hearing the learned advocates for the respective parties, the learned Trial Court, by the impugned judgment and order, acquitted the respondent no. 1 from the offence under Section 138 of the N.I.Act. Learned advocate for the applicant submits that in all four cheques were issued by the respondent no. 1 to the applicant and four criminal cases were filed against the respondent no. 1 and in four cases, the respondent no. 1 came to acquitted by the learned Trial Court. Out of four cases, in one case, Criminal Appeal No.1325 of Page 3 of 5 Uploaded by F.S. KAZI(HC01075) on Mon Aug 04 2025 Downloaded on : Mon Aug 04 22:35:00 IST 2025 NEUTRAL CITATION R/CR.MA/2125/2022 ORDER DATED: 01/08/2025 undefined 2017 has been filed, which was admitted by this Court on 03.10.2017. Learned advocate submits that the learned Trial Court has not appreciated the evidence in proper perspective. Learned advocate submits that the applicant has a good case on merits and the application seeking leave to appeal must be granted.
5. Learned APP Mr. Suraj Matida for the respondent no. 1 and learned APP Mr. Pranav Dhagat for the respondent - State have jointly 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.
6. Considering the submissions of learned advocate for the applicant as also on perusal of the paper book on record and the judgment and order of acquittal, prima facie, it appears that the documents have not been properly appreciated in proper perspective. In the peculiar facts and circumstances of the case in the considered opinion of this Court the application deserves to be Page 4 of 5 Uploaded by F.S. KAZI(HC01075) on Mon Aug 04 2025 Downloaded on : Mon Aug 04 22:35:00 IST 2025 NEUTRAL CITATION R/CR.MA/2125/2022 ORDER DATED: 01/08/2025 undefined considered. Consequently, the application seeking leave to appeal is granted and disposed off accordingly.
ORDER IN CRIMINAL APPEAL :
Admit. Learned advocate Mr. Suraj Matida for learned advocate Mr.P.P.Majmudar and learned APP Mr. Pranav Dhagat waive service of notice of admission for the respective parties.
(S. V. PINTO,J) F.S. KAZI Page 5 of 5 Uploaded by F.S. KAZI(HC01075) on Mon Aug 04 2025 Downloaded on : Mon Aug 04 22:35:00 IST 2025