Vishal Gopal Gohel (Authorised ... vs State Of Gujarat
2023 Latest Caselaw 2863 Guj

   R/CR.MA/23928/2019                         ORDER DATED: 11/04/2023




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/CRIMINAL MISC.APPLICATION NO. 23928 of 2019
                             With
         R/CRIMINAL MISC.APPLICATION NO. 23932 of 2019
                             With
         R/CRIMINAL MISC.APPLICATION NO. 23936 of 2019
                             With
         R/CRIMINAL MISC.APPLICATION NO. 24168 of 2019
==============================================================
  VISHAL GOPAL GOHEL (AUTHORISED PERSON OF DEW SHREE
                   NETWORK PVT. LTD)
                         Versus
                   STATE OF GUJARAT
==============================================================
Appearance:
MR HARSH N PAREKH(6951) for the Applicant(s) No. 1
MR. CHINTAN A JANI(7168) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR Bhargav Pandya, APP for the Respondent(s) No. 1
==============================================================
 CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
                  Date : 11/04/2023

                             ORAL ORDER

1.0. Heard Ms. Priyal Parikh, learned advocate for the applicant

- original complainant, Mr. Y J Patel, learned advocate for the respondent no.2- original accused and Mr. Bhargav Pandya, learned Additional Public Prosecutor for the respondent State.

CR.MA No.23928 of 2019 2.0. This is an application seeking leave to appeal against the judgment and order dated 4.6.2019 passed by the learned 11 th Additional Senior Civil Judge & JMFC, Surat in Criminal Case No.25046 of 2017, whereby, respondent no.2- original accused came to be acquitted for the offence punishable under Section 138 of the Negotiable Instruments Act.

R/CR.MA/23928/2019 ORDER DATED: 11/04/2023

CR.MA No.23932 of 2019 2.1. This is an application seeking leave to appeal against the judgment and order dated 08.04.2019 passed by the learned Additional Senior Civil Judge & JMFC, Surat in Criminal Case No.23914 of 2017, whereby, respondent no.2- original accused came to be acquitted for the offence punishable under Section 138 of the Negotiable Instruments Act.

CR.MA No.23936 of 2019 2.2. This is an application seeking leave to appeal against the judgment and order dated 08.04.2019 passed by the learned Additional Senior Civil Judge & JMFC, Surat in Criminal Case No.14412 of 2017, whereby, respondent no.2- original accused came to be acquitted for the offence punishable under Section 138 of the Negotiable Instruments Act.

CR.MA No.24168 of 2019 2.3. This is an application seeking leave to appeal against the judgment and order dated 08.04.2019 passed by the learned Additional Senior Civil Judge & JMFC, Surat in Criminal Case No.14411 of 2017, whereby, respondent no.2- original accused came to be acquitted for the offence punishable under Section 138 of the Negotiable Instruments Act.

3.0. Ms. Parikh, learned advocate for the applicant has invited attention of this Court to the reasons recorded by the learned trial Court while recording order of acquittal. It is submitted on behalf of the applicant- original complainant that the learned Magistrate only on technical ground that no resolution passed by

R/CR.MA/23928/2019 ORDER DATED: 11/04/2023

the Board of Directors has been brought on record, proceeded to hold that the complaint was not maintainable at the instance of one Vishal Gopal Gohel by recording erroneous findings that he was not even the Director of the Company. Learned advocate for the applicant has placed on record the authority letter and has also invited attention of this Court to the effect that in fact said Vishal Gopal Gohel is one of the Director of the complainant company.

4.0. Considering the submissions made by the learned advocate for the applicant and grounds raised in each of the appeal memo and considering the ratio laid down by the Hon'ble Supreme Court in the case of MMTC vs. Medchl Chemicals and Pharma Private Limited reported in AIR 2002 SC 182 and considering the provisions of the Companies Act, prima facie, the Court is of the view that complaint at the instance of the applicant was maintainable. The present applications require consideration. Hence, the present applications are allowed and Leave to Appeal, as prayed for, is hereby granted. Registry is directed to notify the Criminal Appeals for hearing on 18.04.2023. Let, Registry may reflect the name of Mr. Y J Patel, learned advocate for the respondent no.2- original accused.

(NISHA M. THAKORE,J) KAUSHIK J. RATHOD