Gujarat High Court
Pawankumar Gangadhar Prajapati vs State Of Gujarat on 18 July, 2025
NEUTRAL CITATION
R/CR.MA/6389/2025 ORDER DATED: 18/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC. APPLICATION NO. 6389 of 2025
(FOR LEAVE TO APPEAL)
In
F/CRIMINAL APPEAL NO. 9051 of 2025
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PAWANKUMAR GANGADHAR PRAJAPATI
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MS DIVYA B RAWAL(13060) for the Applicant(s) No. 1
MS C.M.SHAH, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE S.V. PINTO
Date : 18/07/2025
ORAL ORDER
1. The present application is filed by the applicant - original complainant seeking leave to file an appeal against the order dated 22.08.2024 passed by the learned Court of 15 th Additional Chief Judicial Magistrate, Surat (hereinafter referred to as the "learned Trial Court") in Criminal Case No. 26777 of 2022, whereby, respondent Nos.2 and 3 original accused came to be acquitted from the offence under Section 138 of Negotiable Instrument Act, 1881 (hereinafter referred to as "N.I.Act").
2. Heard learned advocate Mr.Anirudh Suchak for Page 1 of 5 Uploaded by F.S. KAZI(HC01075) on Mon Jul 21 2025 Downloaded on : Mon Jul 21 21:53:23 IST 2025 NEUTRAL CITATION R/CR.MA/6389/2025 ORDER DATED: 18/07/2025 undefined learned advocate Ms.Divya B.Rawal for the applicant and learned APP Ms.C.M.Shah for the respondent No.1 - State.
3. Learned advocate Mr.Anirudh Suchak for the applicant submits that the applicant is the proprietor and authorized person of 'Radhika Sarees' and the respondent no. 3 is the proprietor and authorized person of 'Tanisha Sarees'. Both the parties were in the business of textile (sarees) in Surat and the respondent no. 3 had purchased sarees from the applicant vide bill No. 327 for the amount of Rs.7,05,600/- produced at Exh.15, towards the outstanding amount, the respondent no. 3 issued six cheques, out of which, cheque no. 101808 for Rs.1,00,000/- dated 24.02.2022 and cheque no. 101835 for Rs.30,000/- dated 31.01.2022 from his account with Axis Bank, Pandesara Branch, was deposited by the applicant in his account with HDFC Bank Ltd., but the cheques returned unpaid with the endorsement "Payment Stopped By Drawer". The demand statutory notice was given, which was duly served to the respondent no. 3 the respondent no. 3 gave reply to notice mainly contending that the applicant required finance for personal and business relations and cheques Page 2 of 5 Uploaded by F.S. KAZI(HC01075) on Mon Jul 21 2025 Downloaded on : Mon Jul 21 21:53:23 IST 2025 NEUTRAL CITATION R/CR.MA/6389/2025 ORDER DATED: 18/07/2025 undefined were given as advanced payment for future transactions and the cheques were misused by the applicant and did not repay the amount within the stipulated period, and hence, the applicant filed a complaint under Section 138 of N.I.Act before the Court of Chief Judicial Magistrate, Surat, which came to be registered as Criminal Case No. 26777 of 2022. The learned Trial Court was pleased to take cognizance of the offence and the respondent no. 3 was duly served with the summons and he appeared before the learned Trial Court and after the plea of the respondent no. 3 was recorded, the applicant produced oral and documentary evidence in support of the case. The applicant produced the copy of bill No. 327, by which, the goods were sold at Exh.15, the reply given by the respondent no. 3 at Exh. 24, the B Summary Returns at Exh. 25, copy of Ledger at Exh. 26, GST Return filed by the respondent no. 3 at Exh. 27 and also the bank statement of the applicant at Exh.29 including the other documents. Learned advocate submits that from the oral and documentary evidence, the applicant had proved that the goods were purchased by the respondent no. 3, towards which, the cheques were issued. Learned advocate for the applicant submits that as there was a dispute between the parties, Page 3 of 5 Uploaded by F.S. KAZI(HC01075) on Mon Jul 21 2025 Downloaded on : Mon Jul 21 21:53:23 IST 2025 NEUTRAL CITATION R/CR.MA/6389/2025 ORDER DATED: 18/07/2025 undefined the applicant had given an application to the Police Inspector, Puna Police Station, Surat and the application was inquired into by ASI, Puna Police Station, Surat, wherein, the statement of the applicant was recorded and the same fact was reiterated in the application filed before the Police Station. During the cross- examination fo the application, the respondent no. 3 could not rebut the presumption and in the statement recorded under Section 313 of the Cr.P.C., it was the say of the respondent no. 3 that stand that the security cheques have been misused by the respondent no.3. After the arguments of the learned advocate for the respective parties, the learned Trial Court, by the impugned judgment and order, was pleased to acquit the respondent nos. 2 and 3 for the offence under Section 138 fo the N.I.Asct mainly on the ground that the delivery challans were not produced on record and the transactions have not been proved. Learned advocate for the applicant submits that the documentary evidence on record have proved the transaction between the parties, but the learned Trial Court has not appreciated the evidence in proper perspective. Learned advocate submits that the applicant has a good case on merits and has urged this Court to allow the present application. Page 4 of 5 Uploaded by F.S. KAZI(HC01075) on Mon Jul 21 2025 Downloaded on : Mon Jul 21 21:53:23 IST 2025
NEUTRAL CITATION R/CR.MA/6389/2025 ORDER DATED: 18/07/2025 undefined
4. Learned APP Ms.C.M.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 perusal of the paper book available on record, prima-facie, it appears that the learned Trial Court has failed to appreciate the entire evidence in proper perspective, and hence, in the peculiar facts and circumstances of the case and 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 Mon Jul 21 2025 Downloaded on : Mon Jul 21 21:53:23 IST 2025