Gujarat High Court
Patel Wire Partnership Firm Through ... vs State Of Gujarat on 25 September, 2025
NEUTRAL CITATION
R/CR.MA/19662/2025 ORDER DATED: 25/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 19662
of 2025
In F/CRIMINAL APPEAL NO. 32733 of 2025
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PATEL WIRE PARTNERSHIP FIRM THROUGH PATEL VICKY AMRUTLAL
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR JIGAR G GADHAVI(5613) 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 : 25/09/2025
ORAL ORDER
1. The present application is filed by the applicant - original complainant under Section 419 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as "the BNSS") seeking leave to file the appeal against the judgment and order dated 10-07-2025 passed by the learned 2nd Additional Sessions Judge, Mahesana, Ahmedabad acquitting the respondent Nos. 2 to 4 in Criminal Appeal No. 738 of 2024 filed by the respondent Nos. 2 to 4 challenging the judgment and order of conviction passed by the learned 11 th Additional Judicial Magistrate First Class, Mahesana ( hereinafter referred to as "the learned Trial Court) in Criminal Case No. 6563 of 2022 for the offence under Section 138 of the Negotiable Instrument Act, 1881. (hereinafter referred to as the NI Act).
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2. Heard learned advocate Mr. Jigar G. Gadhavi appearing for the applicant and learned APP Ms. Chetna Shah for the respondent No.1 - State.
3. Learned advocate Mr. Jigar G. Gadhavi for the applicant submits that the applicant was in business with the respondent No. 2 - firm and the respondent Nos. 3 and 4 are the partners of the firm. The respondent Nos. 2 to 4 would purchase the iron materials from the applicant and in all, the materials for an amount of Rs.41,13,525/- was purchased. Towards which, some amount was transferred online to the account of the applicant. In all, amount of Rs.39,96,5046/- was outstanding, towards which, the respondent Nos. 2 to 4 issued cheque No. "000765" dated 19/08/2022 for Rs.7,00,000/- from the account of the firm with The Kadi Nagarik Sahakari Bank Limited, Kalol Branch. The cheque was deposited by the applicant in his account with Punjab National Bank, Mahesana but the cheques returned unpaid with the endorsement " Funds Insufficient". The applicant sent the demand statutory notice, which was duly served to the respondent Nos. 2 to 4 but the respondent Nos. 2 to 4 did not repay the amount within the stipulated period and hence, the applicant filed a criminal complaint under Section 138 of the N.I. Act before the Court of the learned Chief Judicial Magistrate, Mahesana, Page 2 of 5 Uploaded by VISHAL MISHRA(HC01088) on Thu Sep 25 2025 Downloaded on : Thu Sep 25 23:52:51 IST 2025 NEUTRAL CITATION R/CR.MA/19662/2025 ORDER DATED: 25/09/2025 undefined which came to be registered as Criminal Case No. 6563 of 2022. The learned trial Court took cognizance of the offence and after the respondent Nos. 2 to 4 were duly served with the summons, they appeared before the learned trial Court and the pleas were recorded. The produced oral and documentary evidences in support of his case and after the closing pursis of the applicant was filed at Exh. 62, the further statement of the respondent Nos 2 to 4 under Section 313 of the Cr.P.C was recorded. After the arguments of the learned advocates for both parties were heard, the learned trial Court, by a judgement and order dated 25-11-2024 was pleased to find the respondent Nos. 2 to 4 guilty and was pleased to convict the respondent Nos. 2 to 4 for the offence of under Section 138 of N.I.Act and sentence the respondent Nos. 3 and 4 to simple imprisonment for a period of one year and ordered the respondent Nos. 2 to 4 to pay an amount of Rs.7,00,000/- within a period of two months from the date of the order as compensation to the applicant and in default, the respondent Nos. 3 and 4 to undergo simple imprisonment for three months.
3.1 Being aggrieved and dissatisfied with the judgment and order of conviction, the respondent Nos. 2 to 4 filed Criminal Appeal No. 738 of 2024 before the Sessions Court, Mahesana and after the arguments of the Page 3 of 5 Uploaded by VISHAL MISHRA(HC01088) on Thu Sep 25 2025 Downloaded on : Thu Sep 25 23:52:51 IST 2025 NEUTRAL CITATION R/CR.MA/19662/2025 ORDER DATED: 25/09/2025 undefined learned advocates for both the parties were heard, the learned 2nd Additional Sessions Judge, Mahesana, by the impugned judgement and order dated 17-07-2025 was pleased to set aside the judgment and order conviction and acquit the respondent Nos. 2 to 4 for the offence under Section 138 of the NI Act mainly on the ground that, in the demand statutory notice, the entire amount of Rs.39,96,546/- was demanded. Learned advocate for the applicant submits that it is a settled law that the notice would contain the entire amount due from the respondents Nos. 2 to 4 and the amount of cheque was demanded but the learned Additional Sessions Judge has not appreciated the same in proper perspective and has passed the impugned judgment and order of acquittal. Learned advocate for the applicant further submits that the applicant has good case on merits and hence the application seeking leave to appeal must be granted.
4. Learned APP Ms. Chetna Shah for the respondent No. 1 - State submits that learned Sessions Court has appreciated all the evidence and no interference is required and hence the application may be rejected.
5. Considering the submissions advanced by the learned advocate for the applicant as also on perusal of the impugned judgment and order passed by the learned 2nd Additional Sessions Judge, Mahesana and the Page 4 of 5 Uploaded by VISHAL MISHRA(HC01088) on Thu Sep 25 2025 Downloaded on : Thu Sep 25 23:52:51 IST 2025 NEUTRAL CITATION R/CR.MA/19662/2025 ORDER DATED: 25/09/2025 undefined judgment and order of conviction passed by the learned Trial Court, prima-facie, it appears that the same set of evidence has been appreciated by two Courts in a different manner and hence, the issue requires consideration. Hence, the application seeking leave to appeal deserves consideration. Consequently, the same is allowed.
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