Gujarat High Court
Sunrise Mobility Solutions Thro Avi ... vs State Of Gujarat on 18 February, 2025
NEUTRAL CITATION
R/CR.MA/22349/2024 ORDER DATED: 18/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 22349
of 2024
In F/CRIMINAL APPEAL NO. 40360 of 2024
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SUNRISE MOBILITY SOLUTIONS THRO AVI RAJANBHAI AGGRAWAL
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR ABHIJIT RATHOD(12976) for the Applicant(s) No. 1
MR. BHARGAV PANDYA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE S.V. PINTO
Date : 18/02/2025
ORAL ORDER
1. The present application is filed by the applicant - original complainant under Section 419 (4) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short "B.N.S.S.") seeking leave to appeal against the order dated 20.09.2024 passed by the learned Judicial Magistrate First Class, Danta, Banaskantha (hereinafter referred to as the "trial Court") acquitting the respondent Nos. 2 and 3 - accused in Criminal Case No. 1048 of 2022 filed by the applicant for the offence under Section 138 of the Negotiable Instrument Act, 1881.(hereinafter referred to as the "NI Act ") 1.1 The respondent Nos. 2 and 3 are hereinafter referred to as " the accused" as they stood in the original case for the sake of convenience, Page 1 of 4 Uploaded by VISHAL MISHRA(HC01088) on Tue Feb 18 2025 Downloaded on : Tue Feb 18 22:50:56 IST 2025 NEUTRAL CITATION R/CR.MA/22349/2024 ORDER DATED: 18/02/2025 undefined clarity and brevity.
2. The brief facts culled out from the memo of the present appeal as well as the record and proceedings are as under:-
2.1 The applicant is doing the business in the name of Sunrise Mobilization Solution and the accused No. 2 is the Director of Nishiv Enterprise Private Limited- accused No. 1. That there were business dealing between the parties and 4T oil was supplied by the applicant to the accused towards which an amount of Rs.49,01,107/- was due. The accused issued cheque No. 986702 dated 27.06.2022 of his account with Indian Bank, Prahlad Nagar Branch, Ahmedabad for Rs.47,01,107/- and the cheque was deposited by the applicant in his account with HDFC Bank, Ambaji Branch, but the cheque returned unpaid and the applicant thereafter had given the demand statutory notice but the accused did not reply to the notice and did not pay the amount and hence, the applicant has filed the complaint before the Court of learned Additional Chief Judicial Magistrate First Class, Danta.
2.2 The accused were duly served with the summons and the accused appeared and the plea of the accused were recorded at Exh. 11 and the evidence of the applicant was taken on record. After the evidence of the applicant was closed, the further statement of the accused U/s 313 of the Code of Criminal Procedure, 1973 was recorded and after hearing the Page 2 of 4 Uploaded by VISHAL MISHRA(HC01088) on Tue Feb 18 2025 Downloaded on : Tue Feb 18 22:50:56 IST 2025 NEUTRAL CITATION R/CR.MA/22349/2024 ORDER DATED: 18/02/2025 undefined arguments of both the learned advocates, the learned Additional Chief Judicial Magistrate, Deesa was pleased to acquit the accused, by giving benefit of doubt, for the offence of under Section 138 of the N.I.Act.
3. Heard learned advocate Mr. Abhijeet Rathod for the applicant and learned Additional Public Prosecutor Mr. Bharga Pandya, for the respondent State. Though served, the respondents have not appeared either in person or through an advocate. Perused the judgment and order passed by the learned trial Court.
4. Learned advocate Mr. Abhijeet Rathod submits that the applicant had produced all documentary evidences including tax invoice, e-way bill and the documents showing that the business transaction had, in fact, taken place between them but the learned trial Court has not appreciated the documents in proper perspective. The accused had paid an amount of Rs.2,00,000/- by RTGS and the remaining amount was to be paid but the accused has taken a false defense that the base oil lubricants was ordered and not 4T oil but in fact the accused himself is in the business of 4T oil and the learned trial Court has not properly appreciated the evidence.
Learned advocate submits that the applicant has good case on merits and hence leave to appeal must be granted.
5. Learned Additional Public Prosecutor, Mr. Bhargav Pandya for the respondent-State has submitted that learned trial Court and thehas Page 3 of 4 Uploaded by VISHAL MISHRA(HC01088) on Tue Feb 18 2025 Downloaded on : Tue Feb 18 22:50:56 IST 2025 NEUTRAL CITATION R/CR.MA/22349/2024 ORDER DATED: 18/02/2025 undefined appreciated all the evidence in a different manner and the issue requires consideration and hence appropriate orders may be passed.
6. On perusal of the impugned judgment and order and the evidence produced by the applicant on record, which has been in the form of a paper book and it is on record that the applicant had produced documentary evidence including tax invoice, e-way bills and the transport receipts, and prima facie, it appears that the learned trial Court has not properly appreciated the evidence in proper perspective. The matter deserves consideration and leave to appeal is required to be granted.
7. Consequently, the application seeking leave to appeal is granted.
(S. V. PINTO,J) VVM Page 4 of 4 Uploaded by VISHAL MISHRA(HC01088) on Tue Feb 18 2025 Downloaded on : Tue Feb 18 22:50:56 IST 2025