Gujarat High Court
Faruk Abdulmajid Tildi vs Bharatbhai Apabhai Charan (Gadhvi) on 12 September, 2025
NEUTRAL CITATION
R/CR.MA/6486/2025 ORDER DATED: 12/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO.
6486 of 2025
In F/CRIMINAL APPEAL NO. 11971 of 2025
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FARUK ABDULMAJID TILDI
Versus
BHARATBHAI APABHAI CHARAN (GADHVI) & ANR.
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Appearance:
MR M.G.SHAIKH, ADVOCATE for MR. ALTAF Y CHARKHA(7271) for the Applicant
MR NAREN B GADHVI(13530) for the Respondent(s) No. 1
MS. M. B. RATHOD(15584) for the Respondent(s) No. 1
MS.C.M.SHAH, APP for the Respondent(s) No. 2
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CORAM:HONOURABLE MS. JUSTICE S.V. PINTO
Date : 12/09/2025
ORAL ORDER
1. When the matter was called out, learned advocate Mr. Naren B. Gadhvi for the respondent no. 1 was not present.
2. The present application is filed by the applicant - original complainant seeking leave to file an appeal against the judgement and order passed by the learned Chief Judicial Magistrate, Godhra (hereinafter referred to as the "learned Trial Court") in Criminal Case No. 158 of 2024 dated 29.01.2025, whereby, the learned Trial Court was pleased to acquit the accused from the offence under Section 138 of Negotiable Page 1 of 5 Uploaded by F.S. KAZI(HC01075) on Tue Sep 16 2025 Downloaded on : Wed Sep 17 00:00:11 IST 2025 NEUTRAL CITATION R/CR.MA/6486/2025 ORDER DATED: 12/09/2025 undefined Instrument Act, 1881 (hereinafter referred to "the N.I.Act" for short).
3. Heard learned advocate Mr. M.G.Shaikh for learned advocate Mr. Altaf Charkha for the applicant and learned APP Ms.C.M.Shah for the respondent State.
4. Learned advocate Mr. M.G.Shaikh for the applicant submits that the applicant and the respondent no.1 were known to each other and the respondent no.1 was also in the business of buying and selling vehicles on commission. The applicant wanted to purchase a sleeper bus and the applicant had inquired from the respondent no.1 as to whether he had any bus to sell. The respondent no.1 had sent some photographs about one sleeper bus which was liked by the applicant and as per the demand of the respondent no.1, an amount of Rs.1,50,000 was sent by angadiya to the respondent no.1 as advance amount. The applicant had gone to Jasdan to get the bus, but the owner of the bus refused to sell the bus, and hence, the applicant demanded the amount that was sent as advance to the respondent no.1 and towards the outstanding amount, the Page 2 of 5 Uploaded by F.S. KAZI(HC01075) on Tue Sep 16 2025 Downloaded on : Wed Sep 17 00:00:11 IST 2025 NEUTRAL CITATION R/CR.MA/6486/2025 ORDER DATED: 12/09/2025 undefined respondent no.1 gave cheque no.000034 for an amount of Rs.1,50,000/- dated 05.10.2023 from his account with The Panchmahal District Cooperative Bank Limited. The cheque was deposited by the applicant in his account with Bank of Baroda, but the cheque returned unpaid with the endorsement "Funds Insufficient". The demand statutory notice was given which was duly served to the respondent no.1, but the respondent no.1 did not send any reply to the notice and did not repay the amount within the stipulated period, and hence, the applicant filed a criminal complaint under Section 138 of the Negotiable Instruments Act before the Court of Chief Judicial Magistrate, Godhra which came to be registered as Criminal Case No.158 of 2024. The respondent no.1 was duly served with summons and appeared before the learned Trial Court and after his plea was recorded, the applicant produced the oral and documentary evidences to prove that the cheque was issued for the legally enforceable due amount to the applicant. During the cross- examination, the respondent no.1 could not rebut the presumption, and even though, the financial capacity was not challenged. the learned Trial Court by the impugned judgment Page 3 of 5 Uploaded by F.S. KAZI(HC01075) on Tue Sep 16 2025 Downloaded on : Wed Sep 17 00:00:11 IST 2025 NEUTRAL CITATION R/CR.MA/6486/2025 ORDER DATED: 12/09/2025 undefined and order was pleased to acquit the respondent no.1 from the offence under Section 138 of the negotiable instruments act mainly on the ground that the applicant did not have the financial capacity to pay the applicant. Learned advocate submits that the applicant is a businessman and the financial capacity was not under challenge and no defence was raised by the respondent no.1 as the only defence was stated in the statement recorded in Section 313 of Code of Criminal Procedure was that the applicant had wrongly taken the cheque and had filled the amount. The respondent no.1 did not examine any witnesses and did not state as to how the cheque came into the possession of the applicant whereas the applicant had proved that the cheque in question was issued for the legally enforceable debt. The applicant has a good case of merits but the evidence has not been appreciated in proper perspective by the learned Trial Court and hence the application must be allowed.
5. Learned APP Ms.C.M.Shah for the respondent State has submitted that the learned Trial Court has considered all the documents produced by the applicant and has also considered Page 4 of 5 Uploaded by F.S. KAZI(HC01075) on Tue Sep 16 2025 Downloaded on : Wed Sep 17 00:00:11 IST 2025 NEUTRAL CITATION R/CR.MA/6486/2025 ORDER DATED: 12/09/2025 undefined the evidence and has passed the impugned order of acquittal considering the settled principles of law and hence, the leave to appeal may not be granted.
6. Considering the submissions of learned advocate for the applicant as also on perusal of the paper book on record and the judgement and order of acquittal, prima facie, it appears that the documents have not been appreciated in proper perspective by the learned Trial Court. In the peculiar facts and circumstances of the case in the considered opinion of this Court the application deserves to be considered. Consequently, the application seeking 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 Tue Sep 16 2025 Downloaded on : Wed Sep 17 00:00:11 IST 2025