Gujarat High Court
Shri Sadguru Credit Co-Operative ... vs State Of Gujarat on 12 August, 2025
NEUTRAL CITATION
R/CR.MA/13982/2025 ORDER DATED: 12/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC. APPLICATION NO. 13982 of 2025
(FOR LEAVE TO APPEAL)
In F/CRIMINAL APPEAL NO. 25282 of 2025
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SHRI SADGURU CREDIT CO-OPERATIVE SOCIETY LTD. THRO
RECOVERY OFFICER - RAHULBHAI PRATAPBHAI SOLANKI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR P S DATTA(11324) for the Applicant(s) No. 1
MR ROHAN N. SHAH, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE S.V. PINTO
Date : 12/08/2025
ORAL ORDER
1. The present application is filed by the applicant -
original complainant seeking leave to file an appeal against the
order dated 28.04.2025 passed by the learned 11th Additional
Chief Judicial Magistrate, Rajkot (hereinafter referred to as the
"learned Trial Court") in Criminal Case No. 24314 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.P.S.Datta for the applicant
NEUTRAL CITATION
R/CR.MA/13982/2025 ORDER DATED: 12/08/2025
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and learned APP Mr. Rohan N. Shah for the respondent - State.
3. Learned advocate Mr.P.S.Datta for the applicant
submits that the applicant - the Credit Co-operative Society Ltd. is
in the business of advancing the loan and the respondent No.2 had
taken loan of Rs.4,80,000/-, and towards the outstanding amount,
the respondent no.2 issued cheque No.385611 dated 22.04.2021
for Rs.3,00,000/- from her account with Rajkot Nagarik Sahakari
Bank Ltd., Raiya Road Branch, Rajkot. The cheque was deposited
by the applicant in the account, but the cheque returned unpaid
with the endorsement "AC DEBIT FREEZE INOPERAT". The
demand statutory notice was given which was duly served to the
respondent No.2, but the amount was not paid, and hence, the
applicant filed the complaint under Section 138 of N.I.Act before
the Court of learned Chief Judicial Magistrate, Rajkot, which came
to be registered as Criminal Case No.24314 of 2021. The
respondent No.2 was duly served with the summons and the plea
of the respondent no. 2 war recorded and the applicant stepped
into the witness box and filed affidavit of examination-in-chief at
NEUTRAL CITATION
R/CR.MA/13982/2025 ORDER DATED: 12/08/2025
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Exh.4 and produced 10 documentary evidence including Loan
Application Form at Exh.19, Promissory Note at Exh. 20
Statement of Account of the respondent no. 2 at Exh.22 in
support of the case. Learned advocate for the applicant submits
that the applicant had proved that the respondent no. 2 had taken
loan and towards the outstanding amount, the cheque in question
was given. Learned advocate submits that prior to this case, the
respondent no. 2 had issued a cheque of Rs.70,000/- which was
dishonoured and a criminal case was filed against the respondent
no. 2, but during pendency of this criminal case, that case was
withdrawn by the learned advocate for the applicant. Learned
advocate for the applicant submits that the learned Trial Court
without appreciating the evidence on record had come to the
conclusion that the applicant is illegally maintained the statement
and even though, the transaction was on record and the applicnat
had produced the documentary evidence in support of the case but
the learned Trial Court has not appreciated the same in proper
perspective and has passed the impugned judgment and order, and
NEUTRAL CITATION
R/CR.MA/13982/2025 ORDER DATED: 12/08/2025
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hence, the application for leave to appeal may be granted.
4. Learned APP Mr. Rohan N. 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 the paper book on record and the impugned
judgment and order as also on going through the deposition of the
respondent No.2, prima facie, it appears that learned Trial Court
has failed to appreciate the entire evidence in proper perspective,
and hence, 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 for leave to appeal is
granted and disposed off accordingly.
(S. V. PINTO,J)
F.S.KAZI
