Gujarat High Court
Mohanlal Chhataram Rajai vs State Of Gujarat on 19 June, 2025
NEUTRAL CITATION
R/CR.MA/20167/2024 ORDER DATED: 19/06/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL)
NO. 20167 of 2024
In F/CRIMINAL APPEAL NO. 38821 of 2024
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MOHANLAL CHHATARAM RAJAI
Versus
STATE OF GUJARAT & ORS.
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Appearance:
JENIL M SHAH(7840) for the Applicant(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 2,3
MR PRANAV DHAGAT, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE S.V. PINTO
Date : 19/06/2025
ORAL ORDER
1. Though served, the respondent Nos. 2 and 3 have not appeared either in person or through an advocate.
2. The present application is filed by the applicant seeking leave to file an appeal against the order dated 22.08.2024 passed by the learned 2nd Additional Chief Judicial Magistrate, Special Court (N.I.Act), Bhavnagar in Criminal Case No. 6731 of 2019, whereby, the respondent Nos.2 and 3 came to be acquitted from the charge levelled against them under Section 138 of Negotiable Instrument Act, 1881 (hereinafter referred to as "N.I.Act"). Page 1 of 4 Uploaded by F.S. KAZI(HC01075) on Thu Jun 19 2025 Downloaded on : Fri Jun 20 01:33:52 IST 2025
NEUTRAL CITATION R/CR.MA/20167/2024 ORDER DATED: 19/06/2025 undefined
3. Heard learned advocate Mr.Jenil M. Shah for the applicant and learned APP Mr.Pranav Dhagat for the respondent No.1 - State.
4. Learned advocate Mr.Jenil M. Shah for the applicant submits that the applicant had a right in the immovable property being Plot No.551/A situated in Manekwadi, Sarpatni Road, Bhavnagar which was in Survey Nos.4417 to 4420 in Ward No.5 of the City Survey Office. Special Civil Suit No.72 of 2001 was pending before the Civil Court, Bhavnagar and the applicant had obtained a temporary injunction in his favour. During the pendency of the suit, a settlement was arrived at between the parties and it was decided that the accused pay an amount of Rs.35,00,000/- to the applicant and an agreement to this effect was executed on a Non-Judicial Stamp Paper which is produced at Exh.21. In the said agreement, the respondent No.2 admitted to give an amount of Rs.15,00,000/- in cash to the applicant and had issued cheque No.001124 of Rs.10,00,000/- from his account with ICICI Bank, Waghwadi Road, Bhavnagar Branch. Pursuant to the agreement, Civil Suit No.72 of 2001 was disposed of and the registered sale deed regarding the disputed suit properties was executed between the parties and as per the agreement, the amount of Rs.10,00,000/- was the legally enforceable amount due to the applicant. Page 2 of 4 Uploaded by F.S. KAZI(HC01075) on Thu Jun 19 2025 Downloaded on : Fri Jun 20 01:33:52 IST 2025
NEUTRAL CITATION R/CR.MA/20167/2024 ORDER DATED: 19/06/2025 undefined Accordingly, the applicant deposited the cheque in question in his account with State Bank of India, Sardarnagar, Bhavnagar Branch, but the cheque was returned unpaid with the endorsement "Funds Insufficient". The demand statutory notice was given, which was duly served to the respondent No.2, but the amount was not paid, and hence, the applicant filed the criminal complaint under Section 138 of N.I.Act before the Court of Chief Judicial Magistrate, Bhavnagar, which came to be registered as Criminal Case No. 6731 of 2019. After the respondent No.2 was duly served with the summons, he appeared before the learned Trial Court and the applicant produced oral and documentary evidences in support of his case and the respondent No.2 produced the copy of the sale deeds regarding the property executed pursuant to the agreement. After the arguments of both the parties were heard, the learned Trial Court, by the impugned judgment and order dated 22.08.2024, was pleased to acquit the respondent Nos.2 and 3 for the offence under Section 138 fo the N.I.Act. Learned advocate for the applicant submits that the learned Trial Court has not appreciated the agreement and the sale deeds in proper perspective even though, the applicant had proved the legally enforceable debt of Rs.10,00,000/- due to the applicant. The applicant has a good case on merits, and hence, learned advocate for the applicant has urged that the application for leave to appeal Page 3 of 4 Uploaded by F.S. KAZI(HC01075) on Thu Jun 19 2025 Downloaded on : Fri Jun 20 01:33:52 IST 2025 NEUTRAL CITATION R/CR.MA/20167/2024 ORDER DATED: 19/06/2025 undefined may be granted.
5. Learned APP Mr. Pranav Dhagat for the respondent - State has submitted that the learned Trial Court has appreciated all the documents in proper perspective and no interference of this Court is required, and hence, the application for leave to appeal may be dismissed.
6. Considering the submissions of learned advocates for the respective parties and on perusal of the paper book, prima facie, it appears that the learned Trial Court has not appreciated the documents available on record in proper perspective and hence, the present application requires consideration. 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 Thu Jun 19 2025 Downloaded on : Fri Jun 20 01:33:52 IST 2025