Gujarat High Court
Jaypalsinh @ Jashpalsinh Bharatsinh ... vs Tulsidas Nandlal Vasava on 7 July, 2025
NEUTRAL CITATION
R/CR.MA/12965/2024 ORDER DATED: 07/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 12965
of 2024
In F/CRIMINAL APPEAL NO. 24420 of 2024
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JAYPALSINH @ JASHPALSINH BHARATSINH MAGROLA
Versus
TULSIDAS NANDLAL VASAVA & ANR.
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Appearance:
MS HETA S PANCHAL(10896) for the Applicant(s) No. 1
MR. PRANAV DHAGAT, APP for the Respondent(s) No. 2
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CORAM:HONOURABLE MS. JUSTICE S.V. PINTO
Date : 07/07/2025
ORAL ORDER
1. The present application is filed by the applicant - original complainant seeking leave to file an appeal against the order dated 04.05.2024 passed by the Court of Chief Judicial Magistrate, Rajpipla (hereinafter referred to as the "learned trial Court") in Criminal Case No. 497 of 2019, whereby the learned trial Court has acquitted the respondent Nos. 1 and 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. Heta S Panchal appearing for the applicant and learned APP Mr. Pranav Dhagat for the respondent No. 2 - State.
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3. Learned advocate Ms. Heta Panchal for the applicant submits that the applicant and the respondent No. 1 were known to each other and the applicant had advanced an amount of Rs.10,00,000/- to the respondent No. 1 as the respondent No. 1 is the proprietor of Mahi Petrol Pump and he wanted such amount for expansion of his business. The amount was to be repaid with interest and the amount of Rs. 16,48,000/- was due, towards which, the respondent No. 1 issued cheque No. "057334" dated 14.02.2019 from his account with State Bank of India, Kawant, Chhota - Udepur Branch. The cheque was deposited by the applicant in his account with H.D.F.C. Bank,Vadodara Branch, but the cheque returned unpaid with the endorsement "Insufficient Funds in the Account" and " Refer to Drawer". The demand statutory notice was given, which was duly served to the respondent No. 1 but the amount was not repaid within stipulated period and hence the complaint was filed under Section 138 of the NI Act before the Court of the Chief Judicial Magistrate, Rajpipla, which came to be registered as Criminal Case No. 497 of 2019. After the respondent No. 1 duly served with the summons, he appeared before the learned trial Court and the plea was recorded at Exh. 8 and thereafter the applicant had filed oral and documentary evidence in support of his case. Learned advocate further submits that an agreement was executed between the parties, in which, the respondent No.1 admitted to taking the amount and Page 2 of 4 Uploaded by VISHAL MISHRA(HC01088) on Wed Jul 09 2025 Downloaded on : Wed Jul 09 22:00:40 IST 2025 NEUTRAL CITATION R/CR.MA/12965/2024 ORDER DATED: 07/07/2025 undefined had issued the cheque in questin for the same. The said deed was executed on 23.02.2019 and the cheque was dated 14.02.2019 but the learned trial Court, without appreciating the documents in proper perspective and even though the demand statutory notice was duly served, concluded that the notice was not served and that the amount is barred by law of limitation and by the impugned judgment and order, the learned trial Court was pleased to acquit the respondent No. 1 from the offence under Section 138 of the N.I.Act. Learned advocate submits that the further statement under Section 313 of the Cr.P.C. was recorded, wherein, the respondent No. 1 had admitted that the agreement was executed between them and took up the defense of jurisdiction but did not step into the witness box and did not examine any witnesses on his behalf. Moreover, the respondent No. 1 also took up a defense that the blank cheque was misused but did not produce any documentary evidence to that effect. 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 Mr. Pranav Dhagat for the respondent No 3 - State and has submitted that the learned trial Court has appreciated all the evidence and has passed the impugned judgment and order and no interference is required and hence, the application seeking leave to appeal Page 3 of 4 Uploaded by VISHAL MISHRA(HC01088) on Wed Jul 09 2025 Downloaded on : Wed Jul 09 22:00:40 IST 2025 NEUTRAL CITATION R/CR.MA/12965/2024 ORDER DATED: 07/07/2025 undefined must be rejected.
5. Considering the submissions of learned advocate for the applicant as also on persual of the paper book produced on record by the learned advocate for the applicant, it appears that the entire evidence of the applicant has not been properly appreicated by the learned trial Court and hence, the application seeking leave to appeal deserves consideration. Consequently, the same is allowed.
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