Gujarat High Court
Ashokkumar Gopalbhai Savsani vs State Of Gujarat on 8 August, 2025
NEUTRAL CITATION
R/CR.MA/8978/2025 ORDER DATED: 08/08/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC. APPLICATION NO. 8978 of 2025
(FOR LEAVE TO APPEAL)
In
F/CRIMINAL APPEAL NO. 17129 of 2025
================================================================
ASHOKKUMAR GOPALBHAI SAVSANI
Versus
STATE OF GUJARAT & ANR.
===============================================================
Appearance:
MR. HARDIK B KORADIYA(9955) for the Applicant(s) No. 1
MS CM SHAH, APP for the Respondent(s) No. 1
===============================================================
CORAM:HONOURABLE MS. JUSTICE S.V. PINTO
Date : 08/08/2025
ORAL ORDER
1. The present application is filed by the applicant - original complainant seeking leave to file an appeal against the judgment and order dated 21.02.2025 passed by the learned Judicial Magistrate, First Class, Jamjodhpur (hereinafter referred to as the "learned Trial Court") in Criminal Case No. 968 of 2021, 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. Hardik B. Koradiya for Page 1 of 4 Uploaded by F.S. KAZI(HC01075) on Fri Aug 08 2025 Downloaded on : Sat Aug 09 00:58:26 IST 2025 NEUTRAL CITATION R/CR.MA/8978/2025 ORDER DATED: 08/08/2025 undefined the applicant and learned APP Ms.C.M.Shah for the respondent State.
3. Learned advocate Mr.Hardik Koradiya for the applicant submits that the applicant is a retired school teacher and he was known to the respondent no. 2 , who had his own business of equity trading in the name of "Samay Trading". That the applicant had transferred an amount of Rs.14,00,000/- to the respondent no. 2 by NEFT on 30.01.2019, and thereafter, had given additional amount of Rs.28,00,000/- to the respondent through 'Aangadiya" and in all, the applicant had given the amount of Rs.42,00,000/- to the respondent no.2 and towards outstanding amount, the respondent no. 2 gave cheque no. 020725 dated 16.01.2021 for the amount of Rs.42,00,000/- from his account with Axis Bank, Bhupendra Road, Rajkot Branch. The cheque was deposited by the applicant in his account with ICICI Bank, Jamjodhpur, 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, but the respondent no. 2 did not reply the notice and did not pay the Page 2 of 4 Uploaded by F.S. KAZI(HC01075) on Fri Aug 08 2025 Downloaded on : Sat Aug 09 00:58:26 IST 2025 NEUTRAL CITATION R/CR.MA/8978/2025 ORDER DATED: 08/08/2025 undefined amount within the stipulated period, and hence, the applicant filed the complaint under Section 138 of the N.I.Act before the Court of Judicial Magistrate, First Class, Jamjodhpur, which came to be registered as Criminal Case No. 968 of 2021. The respondent no. 2 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 including pass book at Exh.27 and account statement of ICICI Bank at Exh. 39 proved that the amount of Rs.42,00,000/- was legally enforceable due from the respondent no. 2. Learned advocate for the applicant submits that a complaint under Sections 406. 409, 420 and 120(B) of the IPC and under Section 3 of the Gujarat Protection of Interest of Deposit Act was filed against the applicant before the Gandhigram-2 (University) Police Station, Rajkot and in that case, statement of the applicant was recorded by the Investigating Officer, which was brought on record by the learned advocate for the accused. Learned advocate submits that from the oral and documentary evidence, the applicant had proved that the amount was legally enforeable amount but the learned Trial Court has not appreciated the evidence in proper perspective. Learned advocate Page 3 of 4 Uploaded by F.S. KAZI(HC01075) on Fri Aug 08 2025 Downloaded on : Sat Aug 09 00:58:26 IST 2025 NEUTRAL CITATION R/CR.MA/8978/2025 ORDER DATED: 08/08/2025 undefined submits that the applicant has a good case on merits and the application seeking leave to appeal must be granted.
4. Learned APP Ms.C.M.Shah 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 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 considered. Consequently, the application seeking 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 Fri Aug 08 2025 Downloaded on : Sat Aug 09 00:58:26 IST 2025