Gujarat High Court
Abdul Ibrahim Patel vs State Of Gujarat on 12 August, 2025
NEUTRAL CITATION
R/CR.MA/20593/2024 ORDER DATED: 12/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC. APPLICATION NO. 20593 of 2024
(FOR LEAVE TO APPEAL)
In
F/CRIMINAL APPEAL NO. 31805 of 2024
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ABDUL IBRAHIM PATEL
Versus
STATE OF GUJARAT & ANR.
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Appearance:
S D MANSURI(7509) 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 20.07.2024 passed by the learned Chief Judicial
Magistrate, Vadodara (hereinafter referred to as the "learned Trial
Court") in Criminal Case No. 13885 of 2018, 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.S.D.Mansuri for the
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applicant and learned APP Mr. Rohan N. Shah for the respondent
- State.
3. Learned advocate Mr.S.D.Mansuri for the applicant
submits that the applicant and one Faisal Abbas, husband of the
respondent no.2, were close friends and were known to each
other. The applicant had given a hand loan of Rs.5,00,000/- to
meet with medical expenses as the father of the respondent no. 2
was admitted in the Sterling Hospital. Against the amount, the
respondent No.2 issued cheque Nos.433375 and 433376 dated
28.12.2011 for Rs.2,50,000/- each from her account with State
Bank of India, Raopura, Vadodara Branch. The cheques were
deposited by the applicant in his account with State Bank of India,
Tandalja, Vadodara Branch, but the cheques 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, Vadodara, which came to be
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R/CR.MA/20593/2024 ORDER DATED: 12/08/2025
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registered as Criminal Case No.13885 of 2018. The respondent
No.2 was duly served with the summons and plea of the
respondent no. 2 was recorded. The applicant stepped into the
witness box and examined three witnesses and produced 23
documentary evidence in support of the case. 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.56 and also produced 06 documentary evidence in support of
the case. After the arguments of the learned advocates for the
respective parties was heard, 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 only defence of the respondent
no. 2 was that she had a dispute with her husband and had filed
criminal complaint against her husband; however, the respondent
no. 2 had admitted that she was residing with her husband and
that she had incurred a huge expenditure for her father's
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treatment. Learned advocate further submits that from the oral
and documentary evidence, the applicant proved that the amount
of Rs.5,00,000/- was given to the respondent no. 2 for the medical
expenses for her father's treatment, towards which, the disputed
cheques were given to the applicant but the learned Trial Court
has not appreciated the evidence in proper perspective, and 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,
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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
