Gujarat High Court
Ghanshyambhai Parbatbhai Surani vs State Of Gujarat on 28 July, 2025
NEUTRAL CITATION
R/CR.MA/418/2025 ORDER DATED: 28/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 418 of
2025
In F/CRIMINAL APPEAL NO. 45078 of 2024
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GHANSHYAMBHAI PARBATBHAI SURANI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR AMIT P SOLIYA(10780) for the Applicant(s) No. 1
MS. CHETNA SHAH, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE S.V. PINTO
Date : 28/07/2025
ORAL ORDER
1. The present application is filed by the applicant - original complainant under Section 419(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking leave to appeal against the order dated 13.09.2024 passed by Additional Chief Judicial Magistrate, Gondal (hereinafter referred to as the learned trial Court) acquitting the respondent No. 2 - accused in Criminal Case No. 501 of 2018 filed by the applicant for the offence under Section 138 of the Negotiable Instrument Act, 1881. (hereinafter referred to as the NI Act)
2. Heard learned advocate Mr. Amit P. Soliya for the applicant and learned Additional Public Prosecutor Ms. Chetna Shah for the respondent No. 1 - State.
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3. Learned advocate Mr. Soliya for the applicant submits that the applicant is the partner Plastimber Impex and the respondent No. 2 is a partner and administrator of Shree Balaji Decorative. The respondent No.2 has purchased the PVC and wood plastic sheets and plastic materials from the applicant and an amount of Rs.5,62,556/- was outstanding towards which, the respondent No.2 issued Cheque No."000314" dated 23.01.2018 for an amount of Rs.5,62,556/- from his account with H.D.F.C. Bank, Pitampura, New Delhi Branch. The applicant deposited the said cheque in his account with Central Bank of India, Gondal Branch but the said cheque returned unpaid with the endorsement "Funds Insufficient". The demand statutory notice was given, but, the accused did not repay the amount within the stipulated period and hence the applicant filed a criminal complaint before the Court of Chief Judicial Magistrate, Gondal under Section 138 of the N.I.Act., which was registered as Criminal Case No. 501 of 2018.
4. The accused was duly served with the summons and the accused appeared and the plea of the accused was recorded and the applicant produced oral and documentary evidences in support of his case. After the evidence of the applicant was closed, the further statement of the accused under Section 313 of the Code of Criminal Procedure, 1973 was recorded and after hearing the arguments of both the learned advocates, Page 2 of 4 Uploaded by VISHAL MISHRA(HC01088) on Mon Jul 28 2025 Downloaded on : Mon Jul 28 22:26:53 IST 2025 NEUTRAL CITATION R/CR.MA/418/2025 ORDER DATED: 28/07/2025 undefined the learned trial Court, Ahmedabad was pleased to acquit the accused for the offence of under Section 138 of the N.I.Act.
5. Learned advocate Mr. Amit Soliya for the applicant submits that the applicant has produced the copies of the bills, by which, the goods were sold at Exh.28 and Exh.29 and also the statement at Exh.27. The applicant also produced the audit report at Exhs.52 to 54 and had proved that the legally enforceable amount was due, for which, the cheque in question was issued. The learned trial Court did not appreciate the documents in proper perspective and concluded that merely as the partnership firm was not joined as a party to the proceedings and the legally enforceable due was not proved, was pleased to pass the impugned judgment and order of acquittal. The learned advocate for the applicant further submits that the applicant has a good case on merits and the applicant has, by documentary evidences, proved that the legally enforceable amount was due from the respondent No. 2 towards which, the cheque in question was issued.
6. Learned Additional Public Prosecutor, Ms. Chetna Shah for the respondent No. 1 - State has submitted that learned trial Court has appreciated all the evidence and hence the application may be rejected.
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7. Considering the submissions advanced by the learned advocate for the applicant as also on perusal of the impugned judgment and order and the paper book submitted by the learned advocate for the applicant, prima-facie, it appears that the learned trial Court has not appreciated the evidence on record in proper perspective and hence, the application seeking leave to appeal deserves consideration and the same is allowed. .
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