Gujarat High Court
Rajeshbhai Arvindbhai Gheewala vs State Of Gujarat on 30 January, 2023
Bench: Nisha M. Thakore
R/CR.MA/10773/2022 ORDER DATED: 30/01/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 10773 of 2022
In
R/CRIMINAL APPEAL NO. 1152 of 2022
With
R/CRIMINAL APPEAL NO. 1152 of 2022
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RAJESHBHAI ARVINDBHAI GHEEWALA
Versus
STATE OF GUJARAT
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Appearance:
KHUSHBU H DANECHA(7099) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR BHARGAV PANDYA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 30/01/2023
ORAL ORDER
1. Heard Ms. Khushbu H. Danecha, learned advocate on
record appearing for the applicant.
2. This is an application seeking leave to appeal filed under
sub Section-(4) of Section-378 of the Code of Criminal
Procedure seeking permission of this Court to challenge the
judgment and order of acquittal dated 29.04.2022 passed by
the learned 14th Additional Chief Judicial Magistrate, Surat for
the alleged offence under Section 138 of Negotiable
Instruments Act.
3. Ms. Khushbu H. Danecha, learned advocate on record for
the applicant-original complainant has invited attention of this
Court to the reasons assigned by the trial Court while
recording order of acquittal. She has referred to and relied
upon the deposition of the complainant and his cross-
R/CR.MA/10773/2022 ORDER DATED: 30/01/2023
examination. She has further invited attention of this Court to
the invoices placed on record by the complainant which have
been admitted as evidence vide Exhibit-10 to 25. She has
submitted that the business transaction had taken place
between the complainant and the accused for a total amount
of Rs.3,69,829/- from 13.08.2015 to 18.09.2016 against which
the accused had made part payment of amount of Rs.55,483/-
and the outstanding amount was Rs.3,14,346/-. She further
submitted that the accused had cleared an amount of
Rs.2,44,014/- through various cheques issued during the period
of 15.01.2016 to 27.09.2016.
4. Thus, the outstanding disputed amount was of
Rs.62,500/-. It is against this amount the accused had issued
two cheques dated 18.07.2019 of Rs.50,000/- and 09.07.2019
of an amount of Rs.12,500/-. She, therefore, submitted that the
learned trial Court failed to appreciate the aforesaid
documents, more particularly, the original bills, voucher
receipts and transaction which has been brought on record by
complainant, vide Exhibit-10 to 25. She further submitted that
the aforesaid cheques were issued towards the discharge of
legally enforceable debt existing as on the date of issuance of
cheque as well as on the date of its presentation.
5. Considering the grounds raised in the appeal and the
submissions made by the learned advocate on record, the
R/CR.MA/10773/2022 ORDER DATED: 30/01/2023
present application seeking leave to appeal is allowed.
6. Hence, appeal is admitted. Learned APP waives service of
notice of admission on behalf of the respondent-State.
Respondent No.2 be served through the concerned Police
Station.
7. Bailable warrant be issued against the respondent No.2 in
the sum of Rs.10,000/-(Rupees Ten Thousand Only).
8. Let Record and Proceedings be called for.
(NISHA M. THAKORE,J)
Manoj Kumar Rai
