Gujarat High Court
Abdul Ibrahim Patel vs State Of Gujarat on 12 August, 2025
NEUTRAL CITATION
R/CR.MA/20593/2024 ORDER DATED: 12/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC. APPLICATION NO. 20593 of 2024
(FOR LEAVE TO APPEAL)
In
F/CRIMINAL APPEAL NO. 31805 of 2024
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ABDUL IBRAHIM PATEL
Versus
STATE OF GUJARAT & ANR.
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Appearance:
S D MANSURI(7509) 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 20.07.2024 passed by the learned Chief Judicial Magistrate, Vadodara (hereinafter referred to as the "learned Trial Court") in Criminal Case No. 13885 of 2018, 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.S.D.Mansuri for the Page 1 of 5 Uploaded by F.S. KAZI(HC01075) on Thu Aug 14 2025 Downloaded on : Thu Aug 14 21:52:04 IST 2025 NEUTRAL CITATION R/CR.MA/20593/2024 ORDER DATED: 12/08/2025 undefined applicant and learned APP Mr. Rohan N. Shah for the respondent
- State.
3. Learned advocate Mr.S.D.Mansuri for the applicant submits that the applicant and one Faisal Abbas, husband of the respondent no.2, were close friends and were known to each other. The applicant had given a hand loan of Rs.5,00,000/- to meet with medical expenses as the father of the respondent no. 2 was admitted in the Sterling Hospital. Against the amount, the respondent No.2 issued cheque Nos.433375 and 433376 dated 28.12.2011 for Rs.2,50,000/- each from her account with State Bank of India, Raopura, Vadodara Branch. The cheques were deposited by the applicant in his account with State Bank of India, Tandalja, Vadodara Branch, but the cheques 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, Vadodara, which came to be Page 2 of 5 Uploaded by F.S. KAZI(HC01075) on Thu Aug 14 2025 Downloaded on : Thu Aug 14 21:52:04 IST 2025 NEUTRAL CITATION R/CR.MA/20593/2024 ORDER DATED: 12/08/2025 undefined registered as Criminal Case No.13885 of 2018. The respondent No.2 was duly served with the summons and plea of the respondent no. 2 was recorded. The applicant stepped into the witness box and examined three witnesses and produced 23 documentary evidence in support of the case. 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.56 and also produced 06 documentary evidence in support of the case. After the arguments of the learned advocates for the respective parties was heard, 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 only defence of the respondent no. 2 was that she had a dispute with her husband and had filed criminal complaint against her husband; however, the respondent no. 2 had admitted that she was residing with her husband and that she had incurred a huge expenditure for her father's Page 3 of 5 Uploaded by F.S. KAZI(HC01075) on Thu Aug 14 2025 Downloaded on : Thu Aug 14 21:52:04 IST 2025 NEUTRAL CITATION R/CR.MA/20593/2024 ORDER DATED: 12/08/2025 undefined treatment. Learned advocate further submits that from the oral and documentary evidence, the applicant proved that the amount of Rs.5,00,000/- was given to the respondent no. 2 for the medical expenses for her father's treatment, towards which, the disputed cheques were given to the applicant but the learned Trial Court has not appreciated the evidence in proper perspective, and 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, Page 4 of 5 Uploaded by F.S. KAZI(HC01075) on Thu Aug 14 2025 Downloaded on : Thu Aug 14 21:52:04 IST 2025 NEUTRAL CITATION R/CR.MA/20593/2024 ORDER DATED: 12/08/2025 undefined 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 5 of 5 Uploaded by F.S. KAZI(HC01075) on Thu Aug 14 2025 Downloaded on : Thu Aug 14 21:52:04 IST 2025