Gujarat High Court
Rajesh Chunilal Jain vs Rajendrakumar K Tekrival on 1 August, 2025
NEUTRAL CITATION
R/CR.MA/2125/2022 ORDER DATED: 01/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC. APPLICATION NO. 2125 of 2022
(FOR LEAVE TO APPEAL)
In
R/CRIMINAL APPEAL NO. 220 of 2022
With
R/CRIMINAL APPEAL NO. 220 of 2022
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RAJESH CHUNILAL JAIN
Versus
RAJENDRAKUMAR K TEKRIVAL & ANR.
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Appearance:
MR DHRUV K DAVE(6928) for the Applicant(s) No. 1
MR ATUL SHARMA(11174) for the Respondent(s) No. 1
MR P P MAJMUDAR(5284) for the Respondent(s) No. 1
PUBLIC PROSECUTOR for the Respondent(s) No. 2
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CORAM:HONOURABLE MS. JUSTICE S.V. PINTO
Date : 01/08/2025
ORAL ORDER
ORDER IN CRIMINAL MISC. APPLICATION :
1. The present application is filed by the applicant -
original complainant seeking leave to file an appeal against the
judgment and order passed by the learned 7 th Additional Chief
Judicial Magistrate, Vadodara (hereinafter referred to as the
"learned Trial Court") in Criminal Case No. 37747 of 2003 on
23.07.2021, whereby, the learned Trial Court was pleased to acquit
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the accused from the offence under Section 138 of Negotiable
Instrument Act, 1881 (hereinafter referred to "the N.I.Act" for
short).
2. Heard learned advocate Mr.S.S.Vayeda for learned
advocate Mr. Dhruv Dave for the applicant and learned advocate
Mr. Suraj Matida for learned advocate Mr.P.P.Majmudar for the
respondent no. 1 and learned APP Mr. Pranav Dhagat for the
respondent no. 2 - State.
4. Learned advocate Mr. Vayeda for the applicant
submits that the applicant and the respondent no. 1 having
business transaction and started construction work and for the
construction work, towards which, the respondent no. 1 issued
cheque No.2125296 dated 11.06.2003 for an amount of
Rs.16,00,000/- from the account with Dena Bank, Navlakhi
Choraya Branch. The cheque was deposited by the applicant in his
account with the Collective Bank Corporation, Dandiya Bazar
Branch, but the cheque returned unpaid with the endorsement
"Account Closed". The demand statutory notice was given but the
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respondent no. 1 did not accept the notice and did not pay 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, Vadodara, which came to be registered
as Criminal Case No. 37747 of 2003. The respondent no. 1 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. Further
statement recorded under Section 313 of Cr.P.C., 1973 of the
respondent no. 1 was recorded and the respondent no. 1 produced
five documentary evidence in support of his case. After hearing
the learned advocates for the respective parties, the learned Trial
Court, by the impugned judgment and order, acquitted the
respondent no. 1 from the offence under Section 138 of the N.I.Act.
Learned advocate for the applicant submits that in all four cheques
were issued by the respondent no. 1 to the applicant and four
criminal cases were filed against the respondent no. 1 and in four
cases, the respondent no. 1 came to acquitted by the learned Trial
Court. Out of four cases, in one case, Criminal Appeal No.1325 of
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2017 has been filed, which was admitted by this Court on
03.10.2017. Learned advocate submits that the learned Trial Court
has not appreciated the evidence in proper perspective. Learned
advocate submits that the applicant has a good case on merits and
the application seeking leave to appeal must be granted.
5. Learned APP Mr. Suraj Matida for the respondent no. 1
and learned APP Mr. Pranav Dhagat for the respondent - State
have jointly 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.
6. 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
perspective. In the peculiar facts and circumstances of the case in
the considered opinion of this Court the application deserves to be
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considered. Consequently, the application seeking leave to appeal
is granted and disposed off accordingly.
ORDER IN CRIMINAL APPEAL :
Admit. Learned advocate Mr. Suraj Matida for learned
advocate Mr.P.P.Majmudar and learned APP Mr. Pranav Dhagat
waive service of notice of admission for the respective parties.
(S. V. PINTO,J)
F.S. KAZI
