Gujarat High Court
Mahesh Lakhubhai Maru vs State Of Gujarat on 3 July, 2025
NEUTRAL CITATION
R/CR.MA/8424/2025 ORDER DATED: 03/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 8424 of
2025
In F/CRIMINAL APPEAL NO. 15219 of 2025
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MAHESH LAKHUBHAI MARU
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR YASH V GUPTA(11814) for the Applicant(s) No. 1
VISHAL K ANANDJIWALA(7798) for the Applicant(s) No. 1
MS CM SHAH, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE S.V. PINTO
Date : 03/07/2025
ORAL ORDER
1. The present application is filed by the applicant - original complainant seeking leave to file an appeal against the order dated 07.03.2025 passed by the learned 4 th Additional Chief Judicial Magistrate, Porbandar (hereinafter referred to as the "learned Trial Court") in Criminal Case No. 5682 of 2022, whereby, respondent No.2 - 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.Yash Gupta for the Page 1 of 4 Uploaded by F.S. KAZI(HC01075) on Fri Jul 04 2025 Downloaded on : Sat Jul 05 02:30:13 IST 2025 NEUTRAL CITATION R/CR.MA/8424/2025 ORDER DATED: 03/07/2025 undefined applicant and learned APP Ms.C.M.Shah for the respondent No.1
- State.
3. Learned advocate Mr.Yash Gupta for the applicant submits that the applicant and the respondent no. 2 were known to each other and were in the same business of fisheries. The respondent no. 2 was in need for money and on his request, the applicant had advanced an amount of Rs.4,00,000/- on 27.06.2022 as hand loan to the respondent no. 2 and notarized document on a non-judicial stamp paper of Rs.300/- was executed between the parties, wherein, the amount was admitted to be given by the applicant and the respondent no. 2 had issued cheque no.250851 dated 27.07.2022 for Rs.4,00,000/- from his account with Canara Bank. The applicant deposited the said cheque in his account with Bank of Baroda, M.G.Road, Porbandar 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 and the respondent no. 2 gave an evasive reply and did not repay the amount within stipulated time, and hence, the applicant filed the complaint under Section 138 of N.I.Act Page 2 of 4 Uploaded by F.S. KAZI(HC01075) on Fri Jul 04 2025 Downloaded on : Sat Jul 05 02:30:13 IST 2025 NEUTRAL CITATION R/CR.MA/8424/2025 ORDER DATED: 03/07/2025 undefined before the Court of Chief Judicial Magistrate, Porbandar, which came to be registered as Criminal Case No. 5682 of 2022. After the respondent no.2 was duly served with the summons, he appeared before the learned Trial Court and his plea was recorded at Exh.8, and thereafter, the applicant stepped into the witness box and examined one witness and produced 8 documentary evidences in support of the case. Learned advocate submits that the applicant produced the agreement between the parties at Exh. 31 and also the reply filed by the respondent no. 2 at Exh.15 but the learned Trial Court, without considering the oral and documentary evidence in proper perspective, has concluded that the applicant did not have the financial capacity to advance the amount to the respondent no. 2 and even though the agreement was on record did not appreciate the same and by the impugned judgment and order, was pleased to acquit the respondent no.2 from the offence under Section 138 of the N.I.Act. Learned advocate further submits that the applicant has a good case on merits, and hence, has urged this Court to allow the present application.
4. Learned APP Ms.C.M.Shah for the respondent -State Page 3 of 4 Uploaded by F.S. KAZI(HC01075) on Fri Jul 04 2025 Downloaded on : Sat Jul 05 02:30:13 IST 2025 NEUTRAL CITATION R/CR.MA/8424/2025 ORDER DATED: 03/07/2025 undefined 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 4 of 4 Uploaded by F.S. KAZI(HC01075) on Fri Jul 04 2025 Downloaded on : Sat Jul 05 02:30:13 IST 2025