Gujarat High Court
Shriram Finance Ltd (Shriram Transport ... vs State Of Gujarat on 12 August, 2025
NEUTRAL CITATION
R/CR.MA/17557/2024 ORDER DATED: 12/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC. APPLICATION NO. 17557 of 2024
(FOR LEAVE TO APPEAL)
In
F/CRIMINAL APPEAL NO. 26120 of 2024
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SHRIRAM FINANCE LTD (SHRIRAM TRANSPORT FINANCE CO. LTD)
THRO ABHAY G. NAYAK
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR MANISH J PATEL(2131) for the Applicant(s) No. 1
MS MANAVI SOLANKI, ADVOCATE for MR ZUBIN F BHARDA (159) for the
Respondent(s) No. 2
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 27.02.2024 passed by the learned Additional Chief
Judicial Magistrate, Surat (hereinafter referred to as the "learned
Trial Court") in Criminal Case No. 6741 of 2019, 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).
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R/CR.MA/17557/2024 ORDER DATED: 12/08/2025
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2. Heard learned advocate Mr.Manish J. Patel for the
applicant and learned APP Mr. Rohan N. Shah for the respondent
- State.
3. Learned advocate Mr.Manish J. Patel for the applicant
submits that the applicant is doing business of finance and the
respondent No.2 had taken loan of Rs.11,00,000/- and also had
taken loan of Rs.3,47,810/- against the vehicle No.GJ-16-W-9934
and towards the outstanding amount, the respondent No.2 issued
cheque No.417785 dated 03.12.2018 for Rs.4,91,248/- from her
account with Indian Bank, Sachin Branch, Surat. The cheque was
deposited by the applicant in their account with Axis Bank, Surat
Banch, 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 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, Surat, which came to be registered as Criminal Case
No.6741 of 2019. The respondent No.2 was duly served with the
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R/CR.MA/17557/2024 ORDER DATED: 12/08/2025
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summons and after she appeared, the plea was recorded and the
entire evidence of the applicant was taken on record. After the
evidence of the applicant was closed, the further statement under
Section 313 of the Cr.P.C. of the respondent No.2 was recorded.
The respondent No.2 stepped into the witness box and deposed at
Exh.23 and also produced 05 documentary evidence in support of
the case. After the arguments of the learned advocates for the
respective parties, the learned Trial Court was pleased to pass the
impugned judgment and acquit the respondent No.2 from the
offence under Section 138 of the N.I.Act. Learned advocate for
the applicant submits that the applicant had produced all the
documentary evidence and had proved that the loan was taken and
in the affidavit of examination-in-chief, the respondent No.2 has
admitted that the loan was taken and the same has not been paid
up by her. Learned advocate for the applicant has taken this Court
through the evidence of the respondent No.2 before the learned
Trial Court. Learned advocate for the applicant submits that the
learned Trial Court has completely misread the evidence, and
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R/CR.MA/17557/2024 ORDER DATED: 12/08/2025
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particularly, the admission made by the respondent No.2, and
hence, the application for leave to appeal may be granted.
4. Learned APP Mr. Rohan N. Shah for the respondent
State and learned advocate Ms. Manavi Solanki for learned
advocate Mr. Zubin Bharda for the respondent no. 2 have
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
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R/CR.MA/17557/2024 ORDER DATED: 12/08/2025
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considered. Consequently, the application for leave to appeal is
granted and disposed off accordingly.
(S. V. PINTO,J)
F.S.KAZI
