Gujarat High Court
Ashokkumar Gopalbhai Savsani vs State Of Gujarat on 8 August, 2025
NEUTRAL CITATION
R/CR.MA/8978/2025 ORDER DATED: 08/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC. APPLICATION NO. 8978 of 2025
(FOR LEAVE TO APPEAL)
In
F/CRIMINAL APPEAL NO. 17129 of 2025
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ASHOKKUMAR GOPALBHAI SAVSANI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR. HARDIK B KORADIYA(9955) for the Applicant(s) No. 1
MS CM SHAH, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE S.V. PINTO
Date : 08/08/2025
ORAL ORDER
1. The present application is filed by the applicant -
original complainant seeking leave to file an appeal against the
judgment and order dated 21.02.2025 passed by the learned
Judicial Magistrate, First Class, Jamjodhpur (hereinafter referred to
as the "learned Trial Court") in Criminal Case No. 968 of 2021,
whereby, the learned Trial Court was pleased to acquit 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. Hardik B. Koradiya for
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R/CR.MA/8978/2025 ORDER DATED: 08/08/2025
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the applicant and learned APP Ms.C.M.Shah for the respondent
State.
3. Learned advocate Mr.Hardik Koradiya for the
applicant submits that the applicant is a retired school teacher and
he was known to the respondent no. 2 , who had his own business
of equity trading in the name of "Samay Trading". That the
applicant had transferred an amount of Rs.14,00,000/- to the
respondent no. 2 by NEFT on 30.01.2019, and thereafter, had given
additional amount of Rs.28,00,000/- to the respondent through
'Aangadiya" and in all, the applicant had given the amount of
Rs.42,00,000/- to the respondent no.2 and towards outstanding
amount, the respondent no. 2 gave cheque no. 020725 dated
16.01.2021 for the amount of Rs.42,00,000/- from his account with
Axis Bank, Bhupendra Road, Rajkot Branch. The cheque was
deposited by the applicant in his account with ICICI Bank,
Jamjodhpur, but the cheque returned unpaid with the
endorsement "Funds Insufficient". The demand statutory notice
was given, which was duly served to the respondent no. 2, but the
respondent no. 2 did not reply the notice and did not pay the
NEUTRAL CITATION
R/CR.MA/8978/2025 ORDER DATED: 08/08/2025
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amount within the stipulated period, and hence, the applicant filed
the complaint under Section 138 of the N.I.Act before the Court of
Judicial Magistrate, First Class, Jamjodhpur, which came to be
registered as Criminal Case No. 968 of 2021. The respondent no. 2
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 including
pass book at Exh.27 and account statement of ICICI Bank at Exh.
39 proved that the amount of Rs.42,00,000/- was legally
enforceable due from the respondent no. 2. Learned advocate for
the applicant submits that a complaint under Sections 406. 409, 420
and 120(B) of the IPC and under Section 3 of the Gujarat Protection
of Interest of Deposit Act was filed against the applicant before
the Gandhigram-2 (University) Police Station, Rajkot and in that
case, statement of the applicant was recorded by the Investigating
Officer, which was brought on record by the learned advocate for
the accused. Learned advocate submits that from the oral and
documentary evidence, the applicant had proved that the amount
was legally enforeable amount but the learned Trial Court has not
appreciated the evidence in proper perspective. Learned advocate
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R/CR.MA/8978/2025 ORDER DATED: 08/08/2025
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submits that the applicant has a good case on merits and the
application seeking leave to appeal must be granted.
4. Learned APP Ms.C.M.Shah for the respondent State
has 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.
5. 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
considered. Consequently, the application seeking leave to appeal
is granted and disposed off accordingly.
(S. V. PINTO,J)
F.S. KAZI
