Gujarat High Court
Shriram Finance Ltd (Shriram Transport ... vs State Of Gujarat on 12 August, 2025
NEUTRAL CITATION
R/CR.MA/17557/2024 ORDER DATED: 12/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC. APPLICATION NO. 17557 of 2024
(FOR LEAVE TO APPEAL)
In
F/CRIMINAL APPEAL NO. 26120 of 2024
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SHRIRAM FINANCE LTD (SHRIRAM TRANSPORT FINANCE CO. LTD)
THRO ABHAY G. NAYAK
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR MANISH J PATEL(2131) for the Applicant(s) No. 1
MS MANAVI SOLANKI, ADVOCATE for MR ZUBIN F BHARDA (159) for the
Respondent(s) No. 2
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 27.02.2024 passed by the learned Additional Chief Judicial Magistrate, Surat (hereinafter referred to as the "learned Trial Court") in Criminal Case No. 6741 of 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). Page 1 of 5 Uploaded by F.S. KAZI(HC01075) on Thu Aug 14 2025 Downloaded on : Thu Aug 14 21:51:59 IST 2025
NEUTRAL CITATION R/CR.MA/17557/2024 ORDER DATED: 12/08/2025 undefined
2. Heard learned advocate Mr.Manish J. Patel for the applicant and learned APP Mr. Rohan N. Shah for the respondent
- State.
3. Learned advocate Mr.Manish J. Patel for the applicant submits that the applicant is doing business of finance and the respondent No.2 had taken loan of Rs.11,00,000/- and also had taken loan of Rs.3,47,810/- against the vehicle No.GJ-16-W-9934 and towards the outstanding amount, the respondent No.2 issued cheque No.417785 dated 03.12.2018 for Rs.4,91,248/- from her account with Indian Bank, Sachin Branch, Surat. The cheque was deposited by the applicant in their account with Axis Bank, Surat Banch, 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 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, Surat, which came to be registered as Criminal Case No.6741 of 2019. The respondent No.2 was duly served with the Page 2 of 5 Uploaded by F.S. KAZI(HC01075) on Thu Aug 14 2025 Downloaded on : Thu Aug 14 21:51:59 IST 2025 NEUTRAL CITATION R/CR.MA/17557/2024 ORDER DATED: 12/08/2025 undefined summons and after she appeared, the plea was recorded and the entire evidence of the applicant was taken on record. After the evidence of the applicant was closed, the further statement under Section 313 of the Cr.P.C. of the respondent No.2 was recorded. The respondent No.2 stepped into the witness box and deposed at Exh.23 and also produced 05 documentary evidence in support of the case. After the arguments of the learned advocates for the respective parties, the learned Trial Court was pleased to pass the impugned judgment and acquit the respondent No.2 from the offence under Section 138 of the N.I.Act. Learned advocate for the applicant submits that the applicant had produced all the documentary evidence and had proved that the loan was taken and in the affidavit of examination-in-chief, the respondent No.2 has admitted that the loan was taken and the same has not been paid up by her. Learned advocate for the applicant has taken this Court through the evidence of the respondent No.2 before the learned Trial Court. Learned advocate for the applicant submits that the learned Trial Court has completely misread the evidence, and Page 3 of 5 Uploaded by F.S. KAZI(HC01075) on Thu Aug 14 2025 Downloaded on : Thu Aug 14 21:51:59 IST 2025 NEUTRAL CITATION R/CR.MA/17557/2024 ORDER DATED: 12/08/2025 undefined particularly, the admission made by the respondent No.2, and hence, the application for leave to appeal may be granted.
4. Learned APP Mr. Rohan N. Shah for the respondent State and learned advocate Ms. Manavi Solanki for learned advocate Mr. Zubin Bharda for the respondent no. 2 have 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 Page 4 of 5 Uploaded by F.S. KAZI(HC01075) on Thu Aug 14 2025 Downloaded on : Thu Aug 14 21:51:59 IST 2025 NEUTRAL CITATION R/CR.MA/17557/2024 ORDER DATED: 12/08/2025 undefined considered. Consequently, the application for leave to appeal is granted and disposed off accordingly.
(S. V. PINTO,J) F.S.KAZI Page 5 of 5 Uploaded by F.S. KAZI(HC01075) on Thu Aug 14 2025 Downloaded on : Thu Aug 14 21:51:59 IST 2025