Gujarat High Court
Vedant Traders Proprietor - Harsha ... vs State Of Gujarat on 9 June, 2025
NEUTRAL CITATION
R/CR.MA/9950/2025 ORDER DATED: 09/06/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 9950 of
2025
In F/CRIMINAL APPEAL NO. 18005 of 2025
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VEDANT TRADERS PROPRIETOR - HARSHA RAVINDRA DAKHANE POA
HOLDER - RAVINDRA VINAYAK DAKHANE
Versus
STATE OF GUJARAT & ANR.
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Appearance:
PARESH M MODI(9511) for the Applicant(s) No. 1
MS. CHETNA SHAH, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE S.V. PINTO
Date : 09/06/2025
ORAL ORDER
1. The present application is filed by the applicant seeking leave to appeal against the judgment and order dated 28.02.2025 passed by the learned Additional Chief Judicial Magistrate, Surat (hereinafter referred to the learned trial Court, for short) in Criminal Case No. 64132 of 2021, whereby the learned trial Court acquitted the respondent No.2 from the offence under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the 'NI Act').
2. Heard learned advocate Mr. Paresh M. Modi for the applicant and learned APP Ms. Chetna Shah for the respondent No.1 - State.
3. Learned advocate Mr. Paresh M. Modi for the applicant submits that the applicant had filed the complaint as power of attorney holder of the proprietor Vedant Traders and prior to filing of the complaint, the power of attorney was executed on 01.01.2021. As per the case of the applicant, the respondent No. 2 used to purchase goods from the Vedant Page 1 of 3 Uploaded by VISHAL MISHRA(HC01088) on Tue Jun 10 2025 Downloaded on : Wed Jun 11 00:01:03 IST 2025 NEUTRAL CITATION R/CR.MA/9950/2025 ORDER DATED: 09/06/2025 undefined Traders and an amount of Rs.10,36,560/- was outstanding, towards which, eight cheques were given. Out of the eight cheques, seven cheques were for the amount of Rs.25,000/- and one cheque was for the amount of Rs.8,61,560/-. Cheque No. 056021 and Cheque No. 056022 from the account of the respondent No. 2 with Union Bank of India, Udhana Branch were deposited by the applicant in the account of Vedant Traders, but the same were returned unpaid with the endorsement "Funds Insufficient". The demand statutory notice was given but the amount was not repaid by the respondent No.2 and hence, the complaint under Section 138 of the NI Act was filed before the Court of learned Chief Judicial Magistrate, Surat.
3.1 Learned advocate Mr. Paresh M. Modi for the applicant submits that the applicant has produced documentary evidence to show that the amount was legally enforceable due and even during the proceedings before the learned trial Court, the talks of compromise were carried out between the parties and the respondent No. 2 had admitted that he was ready and willing to pay the amount of Rs.6,30,000/- as a full and final settlement and had requested the time and had also agreed to pay the total amount of Rs.25,000/- on 14.11.2021. A pursis to that effect was produced at Exh.15 on 11.11.2021. In the defense, the respondent No. 2 had mainly taken a stand that the cheques were taken by the applicant from one Raju Sharma but no such person was examined by the respondent No. 2 before the learned trial Court and the applicant had also produced an agreement which was executed between the parties, wherein the respondent No. 2 admitted to taking goods from the applicant on various dates vide various bills numbers and had given the cheques Page 2 of 3 Uploaded by VISHAL MISHRA(HC01088) on Tue Jun 10 2025 Downloaded on : Wed Jun 11 00:01:03 IST 2025 NEUTRAL CITATION R/CR.MA/9950/2025 ORDER DATED: 09/06/2025 undefined towards the outstanding amount. Learned advocate Mr. Paresh M. Modi submits that the learned trial Court has not appreciated the evidence in proper perspective and the applicant has good case on merits and urges this Court to allow the application for leave to appeal.
4. Learned APP Ms. Chetna Shah for the respondent - State and submits that learned trial Court has appreciated all the evidence and no interference is required and hence the application may be rejected.
5. Considering the submissions of the 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 documentary evidence produced has not been properly appreciated by the learned trial Court and the application seeking leave to appeal deserves consideration. Consequently, the application for leave to appeal is granted.
(S. V. PINTO,J) VVM Page 3 of 3 Uploaded by VISHAL MISHRA(HC01088) on Tue Jun 10 2025 Downloaded on : Wed Jun 11 00:01:03 IST 2025