Gujarat High Court
Shri Sadguru Credit Co-Operative ... vs State Of Gujarat on 12 August, 2025
NEUTRAL CITATION
R/CR.MA/13982/2025 ORDER DATED: 12/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC. APPLICATION NO. 13982 of 2025
(FOR LEAVE TO APPEAL)
In F/CRIMINAL APPEAL NO. 25282 of 2025
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SHRI SADGURU CREDIT CO-OPERATIVE SOCIETY LTD. THRO
RECOVERY OFFICER - RAHULBHAI PRATAPBHAI SOLANKI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR P S DATTA(11324) for the Applicant(s) No. 1
MR ROHAN N. SHAH, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE S.V. PINTO
Date : 12/08/2025
ORAL ORDER
1. The present application is filed by the applicant - original complainant seeking leave to file an appeal against the order dated 28.04.2025 passed by the learned 11th Additional Chief Judicial Magistrate, Rajkot (hereinafter referred to as the "learned Trial Court") in Criminal Case No. 24314 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.P.S.Datta for the applicant Page 1 of 4 Uploaded by F.S. KAZI(HC01075) on Tue Aug 12 2025 Downloaded on : Tue Aug 12 22:34:26 IST 2025 NEUTRAL CITATION R/CR.MA/13982/2025 ORDER DATED: 12/08/2025 undefined and learned APP Mr. Rohan N. Shah for the respondent - State.
3. Learned advocate Mr.P.S.Datta for the applicant submits that the applicant - the Credit Co-operative Society Ltd. is in the business of advancing the loan and the respondent No.2 had taken loan of Rs.4,80,000/-, and towards the outstanding amount, the respondent no.2 issued cheque No.385611 dated 22.04.2021 for Rs.3,00,000/- from her account with Rajkot Nagarik Sahakari Bank Ltd., Raiya Road Branch, Rajkot. The cheque was deposited by the applicant in the account, but the cheque returned unpaid with the endorsement "AC DEBIT FREEZE INOPERAT". The demand statutory notice was given which was duly served to the respondent No.2, but the amount was not paid, and hence, the applicant filed the complaint under Section 138 of N.I.Act before the Court of learned Chief Judicial Magistrate, Rajkot, which came to be registered as Criminal Case No.24314 of 2021. The respondent No.2 was duly served with the summons and the plea of the respondent no. 2 war recorded and the applicant stepped into the witness box and filed affidavit of examination-in-chief at Page 2 of 4 Uploaded by F.S. KAZI(HC01075) on Tue Aug 12 2025 Downloaded on : Tue Aug 12 22:34:26 IST 2025 NEUTRAL CITATION R/CR.MA/13982/2025 ORDER DATED: 12/08/2025 undefined Exh.4 and produced 10 documentary evidence including Loan Application Form at Exh.19, Promissory Note at Exh. 20 Statement of Account of the respondent no. 2 at Exh.22 in support of the case. Learned advocate for the applicant submits that the applicant had proved that the respondent no. 2 had taken loan and towards the outstanding amount, the cheque in question was given. Learned advocate submits that prior to this case, the respondent no. 2 had issued a cheque of Rs.70,000/- which was dishonoured and a criminal case was filed against the respondent no. 2, but during pendency of this criminal case, that case was withdrawn by the learned advocate for the applicant. Learned advocate for the applicant submits that the learned Trial Court without appreciating the evidence on record had come to the conclusion that the applicant is illegally maintained the statement and even though, the transaction was on record and the applicnat had produced the documentary evidence in support of the case but the learned Trial Court has not appreciated the same in proper perspective and has passed the impugned judgment and order, and Page 3 of 4 Uploaded by F.S. KAZI(HC01075) on Tue Aug 12 2025 Downloaded on : Tue Aug 12 22:34:26 IST 2025 NEUTRAL CITATION R/CR.MA/13982/2025 ORDER DATED: 12/08/2025 undefined hence, the application for leave to appeal may be granted.
4. Learned APP Mr. Rohan N. 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 the paper book on record and the impugned judgment and order as also on going through the deposition of the respondent No.2, prima facie, it appears that learned Trial Court has failed to appreciate the entire evidence in proper perspective, and hence, 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 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 Aug 12 2025 Downloaded on : Tue Aug 12 22:34:26 IST 2025