Gujarat High Court
Shriram Finance Ltd Thro Kuldeepsinh ... vs State Of Gujarat on 1 July, 2025
NEUTRAL CITATION
R/CR.MA/15793/2024 ORDER DATED: 01/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC. APPLICATION NO.15793 of 2024
(FOR LEAVE TO APPEAL)
In
F/CRIMINAL APPEAL NO. 29273 of 2024
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SHRIRAM FINANCE LTD THRO KULDEEPSINH NIRMLSINH ZALA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR MANISH J PATEL(2131) for the Applicant(s) No. 1
MS NAMRATA R MULCHANDANI(9956) for the Applicant(s) No. 1
MR. VANRAJSINH M DAMORE(3787) for the Respondent(s) No. 2
MR PRANAV DHAGAT, APP for the Respondent(s) No. 1
SIDDHARTH Y KASHYAP(8001) for the Respondent(s) No. 2
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CORAM:HONOURABLE MS. JUSTICE S.V. PINTO
Date : 01/07/2025
ORAL ORDER
1. The present application is filed by the applicant - original complainant seeking leave to file an appeal against the order dated 20.06.2024 passed by the learned Judicial Magistrate, First Class, Surendranagar (hereinafter referred to as 'the learned Trial Court') in Criminal Case No. 1045 of 2018, whereby, the respondent no. 2 - original accused came to be acquitted from the charge levelled against them under Section 138 of Negotiable Page 1 of 5 Uploaded by F.S. KAZI(HC01075) on Wed Jul 02 2025 Downloaded on : Thu Jul 03 02:50:55 IST 2025 NEUTRAL CITATION R/CR.MA/15793/2024 ORDER DATED: 01/07/2025 undefined Instrument Act, 1881 (hereinafter referred to as "N.I.Act").
2. Learned advocate Ms. Namrata Mulchandani for the applicant submits that the applicant is the financial company and the respondent no. 2 had advanced a loan of Rs.3,50,000/- which was to be paid in equal monthly installments. The respondent no.2 paid some installments, but thereafter, did not pay the remaining amount. When the account was settled, an amount of Rs.10,65,000/- was outstanding, towards which, the respondent no. 2 issued cheque No.017326 dated 09.04.2018 from his account with Saurashtra Gramin Bank, Chotila. The applicant deposited the said cheque in its account with Axis Bank, Surendranagar 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 respondent no. 2 did not give the reply to the notice and did not repay the amount within the stipulated time, and hence, the applicant filed the complaint under Section 138 of N.I.Act before the Court of Chief Judicial Magistrate, Surendranagar, which Page 2 of 5 Uploaded by F.S. KAZI(HC01075) on Wed Jul 02 2025 Downloaded on : Thu Jul 03 02:50:55 IST 2025 NEUTRAL CITATION R/CR.MA/15793/2024 ORDER DATED: 01/07/2025 undefined came to be registered as Criminal Case No. 1045 of 2018. After the respondent no.2 was duly served with the summons, he appeared before the learned Trial Court and his plea was recorded and the applicant produced documentary evidence including Loan-cum-Hypothecation Agreement at Exh.18 and statement of accounts of the respondent no. 2 at Exh.8. The applicant stepped into the witness box and has examined one witness on his behalf. After the closing pursis was filed, the further statement of the respondent no.2 was recorded but the respondent no. 2 did not step into the witness box and did not examine any witnesses on his behalf, but the learned Trial Court, by the impugned judgment and order, was pleased to acquit the respondent no.2 mainly on the ground that the debt was time barred. Learned advocate for the applicant submits that the learned Trial Court has considered the date, on which the amount was advanced, but, in fact, the amount was to be repaid in monthly installment and the last installment was due on 20.01.2015. Learned advocate submits that the applicant has a good case on merits and the debt is within the period of Page 3 of 5 Uploaded by F.S. KAZI(HC01075) on Wed Jul 02 2025 Downloaded on : Thu Jul 03 02:50:55 IST 2025 NEUTRAL CITATION R/CR.MA/15793/2024 ORDER DATED: 01/07/2025 undefined limitation but the learned Trial Court has not appreciated the documents in proper perspective and has urged this Court to allow the present application.
3. Learned APP Mr. Pranav Dhagat 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.
4. When the matter was called out, learned advocate Mr. Vanrajsinh Damore for the respondent no. 2 is not present and no submissions for the respondent no. 2 were made on his behalf.
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 Page 4 of 5 Uploaded by F.S. KAZI(HC01075) on Wed Jul 02 2025 Downloaded on : Thu Jul 03 02:50:55 IST 2025 NEUTRAL CITATION R/CR.MA/15793/2024 ORDER DATED: 01/07/2025 undefined 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 Wed Jul 02 2025 Downloaded on : Thu Jul 03 02:50:55 IST 2025