Gujarat High Court
Shri Sadguru Credit Co. Op. Society Ltd ... vs State Of Gujarat on 10 July, 2025
NEUTRAL CITATION
R/CR.MA/374/2025 ORDER DATED: 10/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 374 of
2025
In F/CRIMINAL APPEAL NO. 48575 of 2024
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SHRI SADGURU CREDIT CO. OP. SOCIETY LTD THRO RAHUL P
SOLANKI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR P S DATTA(11324) for the Applicant(s) No. 1
M S PADALIYA(7406) 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 : 10/07/2025
ORAL ORDER
1. When the is matter called out, learned advocate Mr.P.S.Padaliya for the respondent no. 2 is not present.
2. The present application is filed by the applicant - original complainant seeking leave to file an appeal against the order dated 18.10.2024 passed by the learned 3 rd Additional Chief Judicial Magistrate, Rajkot (hereinafter referred to as the "learned Trial Court") in Criminal Case No. 15235 of 2018, whereby, respondent no.2 - original accused came to be acquitted from the Page 1 of 5 Uploaded by F.S. KAZI(HC01075) on Mon Jul 14 2025 Downloaded on : Mon Jul 14 21:59:34 IST 2025 NEUTRAL CITATION R/CR.MA/374/2025 ORDER DATED: 10/07/2025 undefined offence under Section 138 of Negotiable Instrument Act, 1881 (hereinafter referred to as "N.I.Act").
3. Heard learned advocate Mr.P.S.Datta for the applicant and learned APP Mr. Pranav Dhagat for the respondent No.2 - State.
4. Learned advocate Mr.P.S.Datta for the applicant submits that the applicant is serving as a Recovery Officer in the "Shree Sadguru Credit Cooperative Society" and the said society had advanced a loan of Rs.10,00,000/- to the respondent no. 2 and an amount of Rs.6,90,000/- was outstanding , towards which, the respondent no. 2 issued cheque no. 000001 dated 29.10.2018 for the amount of Rs.6,90,000/- from her account with Citizen Cooperative Bank Ltd., Rajkot Branch. The applicant deposited the said cheque in the account of the society, but the cheque returned unpaid with the endorsement "Today's Opening Balance Insufficient". The demand statutory notice was given, which was duly served to the respondent No.2, but the respondent no.2 did not repay the amount within the stipulated period, and hence, the applicant filed the complaint under Section 138 of N.I.Act before Page 2 of 5 Uploaded by F.S. KAZI(HC01075) on Mon Jul 14 2025 Downloaded on : Mon Jul 14 21:59:34 IST 2025 NEUTRAL CITATION R/CR.MA/374/2025 ORDER DATED: 10/07/2025 undefined the Court of Chief Judicial Magistrate, Rajkot, which came to be registered as Criminal Case No. 15235 of 2018. The respondent no. 2 was duly served with the summons and she appeared before the learned Trial Court and her plea was recorded at Exh.5. The applicant stepped into witness box and produced oral and documentary evidence in support of her case. After the closing pursis was filed by the applicant, the further statement of the respondent no. 2 was recorded, but the respondent no. 2 did not put up any plausible defense and after the arguments of the learned advocates for the both parties were heard, the learned Trial Court was pleased to pass the impugned judgment and order of acquittal. Learned advocate for the applicant submits that the learned Trial Court has passed the impugned order mainly on the ground that the applicant did not prove that the Credit Society had a license to advance loans and the respondent no. 2 was not a member of the Credit Society. Learned advocate for the applicant further submits that earlier, the matter was conducted and the respondent no. 2 did not appear and did not cross-examine the applicant and by the impugned judgment and order dated 21.10.2022, the learned Trial Court was pleased to convict and Page 3 of 5 Uploaded by F.S. KAZI(HC01075) on Mon Jul 14 2025 Downloaded on : Mon Jul 14 21:59:34 IST 2025 NEUTRAL CITATION R/CR.MA/374/2025 ORDER DATED: 10/07/2025 undefined sentence the respondent no. 2 to simple imprisonment of one year and to pay the amount of cheque with simple interest at the rate of 9% per annum tot he applicant within a period of one month, and in default, simple imprisonment of three months. 3.1. Being aggrieved and dissatisfied with the impugned judgment and order of conviction, the respondent no. 2 approached the Sessions Court by filing Criminal Appeal No. 497 of 2022 and the learned 11th Additional Sessions Court, Rajkot, by an order dated 03.10.2023, was pleased to quash and set aside the judgment and order of conviction passed by the learned Trial Court and remand back the matter for fresh consideration. Thereafter, after hearing learned advocates for the both the parties, the learned Trial Court has acquitted the respondent no. 2 from the offence under Section 138 of the N.I.Act. Learned advocate for the applicant submits that at that time, this issue was not raised and in fact, the applicant had produced the loan agreement form at Exh.18, the promissory note and receipt at Exh.19 and the cheque at Exh. 20 and proved that the amount due from the respondent no. 2 is the legally enforceable due amount. Learned advocate Page 4 of 5 Uploaded by F.S. KAZI(HC01075) on Mon Jul 14 2025 Downloaded on : Mon Jul 14 21:59:34 IST 2025 NEUTRAL CITATION R/CR.MA/374/2025 ORDER DATED: 10/07/2025 undefined submits that the applicant has a good case on merits and has urged this Court to allow the present application.
4. Learned APP Mr. Pranav Dhagat for the respondent - State has submitted that the learned Trial Court has considered the evidence on record and has passed the impugned judgment and order of acquittal order 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 produced on record, 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 5 of 5 Uploaded by F.S. KAZI(HC01075) on Mon Jul 14 2025 Downloaded on : Mon Jul 14 21:59:34 IST 2025