Gujarat High Court
Ketanbhai Bhikhubhai Odedara Poa ... vs State Of Gujarat on 1 July, 2025
NEUTRAL CITATION
R/CR.MA/18644/2024 ORDER DATED: 01/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC. APPLICATION NO. 18644 of 2024
(FOR LEAVE TO APPEAL)
In
F/CRIMINAL APPEAL NO. 33421 of 2024
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KETANBHAI BHIKHUBHAI ODEDARA POA HOLDER OF BHAGAT
PETROLEUM
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR SHAIVAL M PATEL(9950) for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2
MR PRANAV DHAGAT, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE S.V. PINTO
Date : 01/07/2025
ORAL ORDER
1. Though served to the respondent No. 2, none has appeared either in person or through an advocate.
2. The present application is filed by the appellant - original complainant seeking leave to appeal against the order dated 03.08.2024, passed by learned 4th Additional Chief Judicial Magistrate, Porbandar, in Criminal Case No. 10583 of 2021, whereby the learned Trial Court has extended the benefit of the doubt and acquitted the respondent No. 2 from the offence under Page 1 of 5 Uploaded by F.S. KAZI(HC01075) on Wed Jul 02 2025 Downloaded on : Thu Jul 03 02:50:58 IST 2025 NEUTRAL CITATION R/CR.MA/18644/2024 ORDER DATED: 01/07/2025 undefined Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "the NI Act").
2.1 The respondent No. 2 is hereinafter referred to as "the accused" as he stood in the original case for the sake of convenience, clarity, and brevity.
3. The brief facts culled out from the memo of the present appeal as well as the record and proceedings are as under:-
3.1. The applicant - original complainant is the partner of Bhagat Petroleum. The respondent No.2 is supplier of diesel and used to take diesel on credit from Bhagat Petroleum, towards which, an amount of Rs.58,92,000/- was due. The respondent No.2 issued cheque no. 430261 dated 28.09.2021 for an amount of Rs.28,61,000/- and cheque no. 430262 dated 30.09.2021 for an amount of Rs.19,33,000/- from his account with Canara Bank, Porbandar Branch. The cheques were deposited by the applicant in his account with State Bank of India, Udhyognagar Branch, Porbandar, and the cheques returned unpaid with the endorsement "Funds Insufficient." The applicant gave the statutory demand notice, which was duly served to the accused on Page 2 of 5 Uploaded by F.S. KAZI(HC01075) on Wed Jul 02 2025 Downloaded on : Thu Jul 03 02:50:58 IST 2025 NEUTRAL CITATION R/CR.MA/18644/2024 ORDER DATED: 01/07/2025 undefined 09.10.2021, but the accused did not repay the amount. Hence, the applicant filed the complaint under Section 138 of the Negotiable Instruments Act, 1881, before the Court of the Chief Judicial Magistrate, Porbandar.
3.2. The accused was duly served with the summons, and the accused appeared. The plea of the accused was recorded at Exh.10, and the evidence of the applicant was taken on record.
After submitting the written arguments by both the learned advocates as also after hearing the arguments of both the learned advocates, the learned Additional Chief Judicial Magistrate, Porbandar, was pleased to acquit the respondent No. 2 for the offence under Section 138 of the NI Act.
4. Heard learned advocate Mr. Shaival M. Patel for the applicant and learned Additional Public Prosecutor Mr. Pranav Dhagat for the respondent State. Perused the judgment and order passed by the learned Trial Court as well as the judgment and order passed by the learned Sessions Court.
5. Learned advocate for the applicant submits that after Page 3 of 5 Uploaded by F.S. KAZI(HC01075) on Wed Jul 02 2025 Downloaded on : Thu Jul 03 02:50:58 IST 2025 NEUTRAL CITATION R/CR.MA/18644/2024 ORDER DATED: 01/07/2025 undefined the respondent No.2 appeared before the Trial Court, the evidence was taken on record, and the applicant produced 15 documentary evidences to prove his legally enforceable debt that was due from the respondent No.2. However, the learned Trial Court has not appreciated the documentary evidence in proper perspective and the impugned judgment and order of acquittal came to be passed. Despite documentary evidence showing that the respondent No. 2 had purchased diesel from the applicant, the learned Trial Court passed the impugned order of acquittal. The applicant has a good case on merits, hence, learned advocate for the applicant urges this Court to allow the application seeking leave to appeal.
6. Learned Additional Public Prosecutor Mr.Pranav Dhagat for the respondent-State has fairly submitted that the learned Trial Court has properly appreciated the evidence produced before it, and hence, no interference is called for by this Court. Therefore, the application should be rejected, and a necessary order may be passed.
7. Considering the submissions of the learned advocate for the applicant as well as the documentary evidence produced Page 4 of 5 Uploaded by F.S. KAZI(HC01075) on Wed Jul 02 2025 Downloaded on : Thu Jul 03 02:50:58 IST 2025 NEUTRAL CITATION R/CR.MA/18644/2024 ORDER DATED: 01/07/2025 undefined by the applicant on record, prima-facie, it appears that the documents have not been properly appreciated in the proper perspective by the learned Trial Court. Hence, the application deserves consideration.
8. Consequently, the present application seeking leave to appeal is granted and the application stands disposed of 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 02:50:58 IST 2025