Gujarat High Court
Utsav Corporation Through Poa ... vs State Of Gujarat on 23 September, 2025
NEUTRAL CITATION
R/CR.MA/11765/2025 ORDER DATED: 23/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 11765 of 2025
(FOR LEAVE TO APPEAL)
In
F/CRIMINAL APPEAL NO. 22628 of 2025
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UTSAV CORPORATION THROUGH POA MEHULBHAI ASHOKBHAI
ASMANIYAWALA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
ANAND S TAILOR(9021) for the Applicant(s) No. 1
MS.C.M.SHAH, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE S.V. PINTO
Date : 23/09/2025
ORAL ORDER
1. 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 Additional Chief Judicial Magistrate, Surat (hereinafter referred to as the "learned Trial Court") in Criminal Case No. 88652 of 2023 dated 03.04.2025, whereby, the learned Trial Court was pleased to acquit the accused from the offence under Section 138 of Negotiable Instrument Act, 1881 (hereinafter referred to "the N.I.Act" for short).
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NEUTRAL CITATION R/CR.MA/11765/2025 ORDER DATED: 23/09/2025 undefined
2. Heard learned advocate Mr. Anand Tailor for the applicant and learned APP Ms. C.M.Shah for the respondent State.
3. Learned advocate Mr. Anand Tailor for the applicant submits that the applicant is the Power of Attorney Holder of the partnership firm "Utsav Corporation"and the respondent no.2 is the proprietor of 'Ravi Stitchers" were having business transactions. The applicant had given some cloth for stitching uniform to the respondent no.2 vide the 35 invoices produced on record and an amount of Rs.25,79,966/- was outstanding towards which the respondent no.2 gave cheque no.003610 dated 07.06.2023 for an amount of Rs.12,98,428/- and cheque no.003609 dated 24.07.2023 for an amount of Rs.12,66,051/-from his account with Associate Cooperative Bank, Umarwada, Surat Branch. The cheques were deposited by the applicant in the account of the partnership firm with AU Small Finance Bank, Surat Branch, but the cheques returned unpaid with the endorsement "Funds Insufficient". The demand statutory notice was given which was duly served to the respondent no.2 and the Page 2 of 5 Uploaded by F.S. KAZI(HC01075) on Wed Sep 24 2025 Downloaded on : Wed Sep 24 23:08:33 IST 2025 NEUTRAL CITATION R/CR.MA/11765/2025 ORDER DATED: 23/09/2025 undefined respondent no. 2 gave an evasive reply and did not repay the amount within the stipulated period, and hence, the applicant filed the complaint under Section 138 of the N.I.Act before the Court of Chief Judicial Magistrate, Surat, which came to be registered as Criminal Case No. 88652 of 2023. The respondent no.2 was duly served with the summons and he appeared before the learned Trial Court and after his plea was recorded, the applicant produced the oral and documentary evidence on record including 50 bills for the goods that were given at Exh. 12 to 61. Learned advocate for the applicant submits that after the closing pursis was filed by the applicant at Exh.76, the further statement of the respondent no. 2 was recorded under Section 313 of Code of Criminal Procedure, 1973 and the respondent no. 2 filed a closing pursis at Exh.77 stating that he does not want to produced evidence. After the arguments of learned advocates for both the parties were heard, by the impugned judgment and order, the learned Trial Court was pleased to acquit the respondent no. 2 from the offence under Section 138 of the N.I.Act. Learned advocate submits that the learned Trial Court acquitted the respondent no.2 mainly on the Page 3 of 5 Uploaded by F.S. KAZI(HC01075) on Wed Sep 24 2025 Downloaded on : Wed Sep 24 23:08:33 IST 2025 NEUTRAL CITATION R/CR.MA/11765/2025 ORDER DATED: 23/09/2025 undefined ground that the cheques were given towards an amount that was time barred and not the legally enforceable amount but the learned Trial Court has not appreciated the evidence in proper perspective. Learned advocate submits that, in fact, the cheques were given as of acknowledgment of the period of limitation and the debt and the part amount was also repaid during the trial. Learned advocate for the applicant submits that the applicant has a good case on merits and the application seeking leave to appeal must be granted.
4. Learned APP Mr. 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 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.
5. Considering the submissions of learned advocate for the applicant as also on perusal of the paper book on record and the judgment and order of acquittal, prima facie, it appears that the documents have not been properly appreciated in proper Page 4 of 5 Uploaded by F.S. KAZI(HC01075) on Wed Sep 24 2025 Downloaded on : Wed Sep 24 23:08:33 IST 2025 NEUTRAL CITATION R/CR.MA/11765/2025 ORDER DATED: 23/09/2025 undefined perspective. 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 Wed Sep 24 2025 Downloaded on : Wed Sep 24 23:08:33 IST 2025