Gujarat High Court
Amratbhai Morbhai Metaliya Partner Of ... vs State Of Gujarat on 21 July, 2025
NEUTRAL CITATION
R/CR.MA/134/2022 ORDER DATED: 21/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 134 of
2022
In R/CRIMINAL APPEAL NO. 15 of 2022
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AMRATBHAI MORBHAI METALIYA PARTNER OF RADHEKRISHNA
INDUSTRIES
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR. MAULIK M SONI(7249) for the Applicant(s) No. 1
MOHIT A GUPTA(8967) for the Respondent(s) No. 2
MS. CHETNA SHAH, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE S.V. PINTO
Date : 21/07/2025
ORAL ORDER
1. The present application is filed by the applicant - original complainant seeking leave to file an appeal against the order dated 10.12.2021 passed by the Court of Chief Judicial Magistrate, Botad (hereinafter referred to as the "learned trial Court") in Criminal Case No. 1701 of 2027, whereby the learned trial Court has acquitted the respondent No. 2 from the offence under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the NI Act").
2. Heard learned advocate Ms. Honey Raval for learned advocate Mr. Maulik Soni appearing for the applicant, learned APP Ms. Chetna Shah for the respondent No. 1 - State and learned advocate Mr. Mohit A Gupta Page 1 of 4 Uploaded by VISHAL MISHRA(HC01088) on Tue Jul 22 2025 Downloaded on : Tue Jul 22 21:59:06 IST 2025 NEUTRAL CITATION R/CR.MA/134/2022 ORDER DATED: 21/07/2025 undefined for the respondent No. 2.
3. Learned advocate Ms. Honey Raval for the applicant submits that the applicant and the respondent No. 2 were having having business transactions and the respondent No. 2 had purchased material worth of Rs.5,34,314/- on 06.12.2014 from the applicant VAT at the rate of 4% and additional tax was leviable and an in all an amount of Rs.5,61,03/- was to be paid towards the said goods. The respondent No. 2 had given Cheque No. "585402" dated 30.04.2017 for an amount of Rs.4,60,030/- from his account with HDFC Bank, Pramukh Swami Arcade, Dr.Yagnik Road, Rajkot Branch. The cheque was deposited by the applicant in his account with State Bank of India, Botad branch 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 repaid with the stipulated period and hence the criminal complaint was filed under Section 138 of the NI Act before the Court of the Chief Judicial Magistrate, Botad, which came to be registered as Criminal Case No. 1701 of 2017. After the respondent No. 2 duly served with the summons, he has appeared before the learned trial Court and his plea was recorded. The applicant stepped into the witness box and produced oral and documentary evidence to support his case. The Page 2 of 4 Uploaded by VISHAL MISHRA(HC01088) on Tue Jul 22 2025 Downloaded on : Tue Jul 22 21:59:06 IST 2025 NEUTRAL CITATION R/CR.MA/134/2022 ORDER DATED: 21/07/2025 undefined applicant produced the debit memo by which the goods were sold at Exh.20 and the account statement of the respondent No. 2 from the books of account of the applicant at Exh.21. Learned advocate for the applicant submits that the respondent No. 2 merely denied that he had received any of the goods but did not rebut the presumption and from the evidence, the applicant had proved that the goods were sent to the respondent No. 2 but the respondent No. 2 did not explain as to how the cheque for Rs.4,61,030/- came to the possession of the applicant. Learned advocate for the applicant submits that the learned trial Court did not appreciate the documents in proper perspective and without appreciating that the applicant had proved the legally enforceable debt, came to the conclusion that the applicant had failed to prove the legal debt. Learned advocate for the applicant submits that the applicant has a good case on merits and hence the application seeking leave to appeal must be allowed.
4. Learned APP Ms. Chetna Shah and learned advocate Mr. Mohit Gupta for respondent No. 2 - original complainant have jointly submitted that necessary orders may be passed after perusing the copy of the impugned judgment and a copy of the paper book produced on record by the learned advocate for the applicant.
Page 3 of 4 Uploaded by VISHAL MISHRA(HC01088) on Tue Jul 22 2025 Downloaded on : Tue Jul 22 21:59:06 IST 2025 NEUTRAL CITATION R/CR.MA/134/2022 ORDER DATED: 21/07/2025 undefined
5. On perusal of the impugned judgment and order and the paper book produced by the applicant on record, it, prima facie, appears that the learned trial Court has not appreciated the documents in proper perspective and hence, leave to appeal is required to be granted and the same is granted.
(S. V. PINTO,J) VVM Page 4 of 4 Uploaded by VISHAL MISHRA(HC01088) on Tue Jul 22 2025 Downloaded on : Tue Jul 22 21:59:06 IST 2025