Gujarat High Court
M/S. Shri Shiv Shakti Oil Mill Through ... vs State Of Gujarat on 5 August, 2025
NEUTRAL CITATION
R/CR.MA/13332/2025 ORDER DATED: 05/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 13332
of 2025
In F/CRIMINAL APPEAL NO. 25644 of 2025
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M/S. SHRI SHIV SHAKTI OIL MILL THROUGH NIMESHCHANDRA
KISHORCHANDRA AGRAWAL
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR PM DAVE(263) 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 : 05/08/2025
ORAL ORDER
1. The present application is filed by the applicant - original
complainant under Section 419(4) of the Code of Bharatiya Nagarik
Suraksha Sanhita, 2023 seeking leave to appeal against the order dated
05.05.2025 passed by the Court of Additional Chief Judicial Magistrate,
Vapi (hereinafter referred to as the learned Trial Court) acquitting the
respondent No. 2 in Criminal Case No. 9396 of 2024 filed by the
applicant for the offence under Section 138 of the Negotiable Instrument
Act, 1881. (hereinafter referred to as the NI Act)
2. Heard learned advocate Mr. P.M.Dave for the applicant and the
learned advocate Ms. Chetna Shah for the respondent No. 1 - State.
Perused the impugned judgment and order and paper book filed by the
learned advocate for the applicant.
NEUTRAL CITATION
R/CR.MA/13332/2025 ORDER DATED: 05/08/2025
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3. Learned advocate Mr. P.M.Dave for the applicant submits that the
applicant is a proprietor of M/s Shri Shiv Shakti Oil Mill and the
respondent No. 2 is a proprietor of Dama Traders. The applicant and the
respondent No. 2 had business transaction from many years and the
respondent No. 2 used to purchase oil and pay the amount in parts. The
applicant would issue the bills and the amount of Rs.9,85,762/- was
outstanding, towards which, the respondent No.2 issued Cheque No.
"000004" dated 05.04.2024 for Rs.3,00,000/- from his account with The
Punjab & Maharashtra Cooperative Bank, Vapi Branch. The cheque was
deposited by the applicant in his account with ICICI Bank, Chala Branch,
Vapi but the cheque returned unpaid with the endorsement "Other
Reason" . The applicant contacted the respondent No. 2, who requested
him to deposit the cheque once again and once again the cheque was
deposited by the applicant in his account with the AU Small Finance
Bank, Vapi but the cheque returned unpaid with the endorsement " 88
Please contact to Bank reason". The demand statutory notice was given,
which was duly served to the respondent No. 2 and the respondent No. 2
did not reply to the notice and did not make any payment and hence the
criminal complaint was filed before the Court of Chief Judicial
Magistrate, Vapi under Section 138 of the N.I.Act., which was registered
as Criminal Case No. 9396 of 2024.
NEUTRAL CITATION
R/CR.MA/13332/2025 ORDER DATED: 05/08/2025
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3.1 After the respondent No. 2 was duly served with the summons, he
appeared before the learned trial Court and his plea was recorded and the
applicant submitted oral and documentary evidence in support of his case.
The applicant produced his affidavit of examination-in-chief at Exh.4 and
produced the bills regarding the transactions between the parties at Exh.
11 to Exh.20, the E-way bills at Exh. 31 to Exh.44 and also the statement
of the accounts of the respondent No. 2 at Exh.52.
3.2 Learned advocate for the applicant further submits that the
applicant had produced all the documentary evidence to prove that there
is a legally enforceable due and as the parties were in business
transactions and the amount was due, towards which, the cheque in
question was given but the learned trial Court without appreciating the
documents, concluded that the legally enforceable debt was not proved
and by the judgement and order was pleased to acquit the respondent No.
2 from the offence of under Section 138 of the NI Act. Learned advocate
for the applicant submits that the applicant has a good case on merits and
hence, the application seeking leave to appeal must be granted.
4. Learned Additional Public Prosecutor, Ms. Chetna Shah appearing
for the respondent No. 1 - State has submitted that learned trial Court has
considered all the oral and documentary evidence in proper perspective
and no interference is required in the impugned order and hence the
NEUTRAL CITATION
R/CR.MA/13332/2025 ORDER DATED: 05/08/2025
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application seeking leave to appeal must be rejected.
5. Considering the submissions advanced by the learned advocate for
the applicant as also on perusal of the impugned order and the paper book
submitted by the learned advocate for the applicant, prima-facie, it
appears that the learned trial Court has not appreciated the documents in
proper perspective and hence, the application seeking leave to appeal
deserves consideration and the same is granted.
(S. V. PINTO,J)
VVM
