Gujarat High Court
Proprietor Of Swaraj Seeds - Rameshbhai ... vs Proprietor Of Om Agro Agency - Modvadiya ... on 25 February, 2025
NEUTRAL CITATION
R/CR.MA/19739/2024 ORDER DATED: 25/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 19739
of 2024
In R/CRIMINAL APPEAL NO. 514 of 2025
With
R/CRIMINAL APPEAL NO. 514 of 2025
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PROPRIETOR OF SWARAJ SEEDS - RAMESHBHAI GOVINDBHAI RAM
Versus
PROPRIETOR OF OM AGRO AGENCY - MODVADIYA RAMBHAI
THEBABHAI & ANR.
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Appearance:
MR YOGESHKUMAR A RATANPARA(7260) for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 1
MS JIRGA JHAVERI, APP for the Respondent(s) No. 2
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CORAM:HONOURABLE MS. JUSTICE S.V. PINTO
Date : 25/02/2025
ORAL ORDER
ORDER IN CRIMINAL MISC.APPLICATION NO.19739 OF 2024 :
1. This is an application preferred by the applicant under section 419(4) of the Bhartiya Nagarik Suraksha Sanhita 2023 for leave to appeal against the judgment and order of acquittal dated 18.5.2024 passed in Criminal Case No.7042 of 2022 by learned Chief Judicial Magistrate, Page 1 of 4 Uploaded by H.M. PATHAN(HC00167) on Tue Feb 25 2025 Downloaded on : Tue Feb 25 23:56:22 IST 2025 NEUTRAL CITATION R/CR.MA/19739/2024 ORDER DATED: 25/02/2025 undefined Junagadh.
2. Heard learned advocate Ms.Hasmeet Gill for learned advocate Mr.Yogeshkumar Ratanpara for the applicant. Though served, respondent No.1 has not appeared either in person or through his advocate.
3. Learned advocate Ms.Hasmeet Gill for the applicant submits that the applicant is a Proprietor of Shri Swaraj Seed and respondent No.2 is a Proprietor of Om Agro Agency and both the parties had business transactions with which respondent No.1 used to purchase agro seeds from the applicant. That as per the settlement of accounts, some amount is paid and for remaining amount of Rs.5,09,360/-, respondent No.1 issued a cheque in question which was deposited by the applicant in his account and had returned unpaid with an endorsement "funds insufficient". That demand statutory notice was given by the applicant and thereafter, as the amount is not paid, the applicant filed Criminal Case No.7042 of 2022 under section 138 of the Page 2 of 4 Uploaded by H.M. PATHAN(HC00167) on Tue Feb 25 2025 Downloaded on : Tue Feb 25 23:56:22 IST 2025 NEUTRAL CITATION R/CR.MA/19739/2024 ORDER DATED: 25/02/2025 undefined Negotiable Instruments Act 1881 before the learned trial Court. That respondent No.1 though served with the notice did not submit any reply to the notice and respondent No.1 did not put up any defence. That learned trial Court on flimsy grounds acquitted respondent No.1. That the return memo was also produced before the learned trial Court, the same was not considered as the return memo did not have stamp or seal of the bank and ultimately, respondent No.1 came to be acquitted. That the applicant has good case on merits and hence, leave may be granted.
4. Considering the averments made in the application supported by the affidavit and arguments advanced, it appears that leave to appeal deserves to be granted. Accordingly, this application is allowed in terms of Para 6(A).
ORDER IN CRIMINAL APPEAL :
Issue bailable warrant of Rs.10,000/- to Page 3 of 4 Uploaded by H.M. PATHAN(HC00167) on Tue Feb 25 2025 Downloaded on : Tue Feb 25 23:56:22 IST 2025 NEUTRAL CITATION R/CR.MA/19739/2024 ORDER DATED: 25/02/2025 undefined respondent No.1 returnable on 25.3.2025.
(S. V. PINTO,J) H.M. PATHAN Page 4 of 4 Uploaded by H.M. PATHAN(HC00167) on Tue Feb 25 2025 Downloaded on : Tue Feb 25 23:56:22 IST 2025