Gujarat High Court
Sunil Prakash Murjani vs State Of Gujarat on 15 July, 2025
NEUTRAL CITATION
R/CR.MA/12065/2025 ORDER DATED: 15/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC. APPLICATION NO. 12065 of 2025
(FOR LEAVE TO APPEAL)
In
F/CRIMINAL APPEAL NO. 20885 of 2025
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SUNIL PRAKASH MURJANI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR KIRTIDEV R DAVE(3267) for the Applicant(s) No. 1
MR PRANAV DHAGAT, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE S.V. PINTO
Date : 15/07/2025
ORAL ORDER
1. The present application is filed by the applicant - original complainant seeking leave to file an appeal against the order passed by the Additional Judicial Magistrate, First Class, Mundra, (hereinafter referred to as the "learned Trial Court") in Criminal Case No. 392 of 2022 on 01.03.2025, whereby, the 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.Kirtidev Dave for the Page 1 of 4 Uploaded by F.S. KAZI(HC01075) on Tue Jul 15 2025 Downloaded on : Tue Jul 15 23:24:12 IST 2025 NEUTRAL CITATION R/CR.MA/12065/2025 ORDER DATED: 15/07/2025 undefined applicant and learned APP Mr. Pranav Dhagat for the respondent No.1 - State.
3. Learned advocate Mr.Kirtidev Dave for the applicant submits that the applicant and the respondent no. 2 were known to each other and were friends and the respondent no. 2 was in need for finance, and on his request, the applicant had advanced an amount of Rs.6,00,000/- and the deed regarding the amount was executed between the parties on a Non-Judicial Stamp of Rs.300/- . The respondent no.2 issued cheque no. 626858 for the amount of Rs.6,00,000/- from his account with Dena Bank, Gundala Branch, (now Bank of Baroda) towards the outstanding amount. The applicant deposited the said cheque in his account with Axis Bank, but the cheque returned unpaid with the endorsement "CHI ITEM REJECT FAILED AT-PART VALIDATION". The demand statutory notice was given, which was duly served to the respondent no. 2 but the respondent no. 2 gave a reply taking the defence that the cheque was lost and same was misused by the applicant. The amount was not repaid within the stipulated time, and hence, the applicant filed a complaint under Section 138 of Page 2 of 4 Uploaded by F.S. KAZI(HC01075) on Tue Jul 15 2025 Downloaded on : Tue Jul 15 23:24:12 IST 2025 NEUTRAL CITATION R/CR.MA/12065/2025 ORDER DATED: 15/07/2025 undefined N.I.Act before the Court of Judicial Magistrate, First Class, Mundra, which came to be registered as Criminal Case No. 392 of 2022. After the respondent no.2 was duly served with the summons, he appeared before the learned Trial Court and the entire evidence of the applicant was taken on record. In the cross- examination, the respondent no. 2 did not rebut the presumption and to prove the case that the cheque was lost and misused by the applicant, the respondent no. 2 did not produce any oral or documentary evidence. The learned Trial Court did not appreciate the evidence in proper perspective and on the ground that the deed executed between the parties was executed prior to filing the case but the same was not mentioned in the complaint and there was no legally enforceable due amount proved and was pleased to pass the impugned judgment and order of acquittal. Learned advocate submits that besides the deed, there was evidence on record that the amount was advanced to the respondent no. 2, towards which, the cheque in question was issued but the learned Trial Court did not appreciate that the defence raised by the respondent no. 2 was not sufficient to rebut the presumption in favour of the applicant. Learned advocate further submits that the Page 3 of 4 Uploaded by F.S. KAZI(HC01075) on Tue Jul 15 2025 Downloaded on : Tue Jul 15 23:24:12 IST 2025 NEUTRAL CITATION R/CR.MA/12065/2025 ORDER DATED: 15/07/2025 undefined 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 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 on perusal of the paper book produced by the learned advocate for the applicant, prima-facie, it appears that the learned Trial Court has failed to appreciate the evidence on record 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 Tue Jul 15 2025 Downloaded on : Tue Jul 15 23:24:12 IST 2025