Gujarat High Court
Shree Bagasara Nagrik Sharafi Sahkari ... vs Kanaksinh Jaswantsinh Chauhan on 17 February, 2025
NEUTRAL CITATION
R/CR.MA/22173/2024 ORDER DATED: 17/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL)
NO. 22173 of 2024
In F/CRIMINAL APPEAL NO. 20229 of 2024
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SHREE BAGASARA NAGRIK SHARAFI SAHKARI MANDLI
LIMITED, AMRELI THRO JAYDEEPBHAI DHIRUBHAI NAKRANI
Versus
KANAKSINH JASWANTSINH CHAUHAN & ANR.
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Appearance:
NISHITH P ACHARYA(9308) for the Applicant(s) No. 1
MS JIRGA JHAVERI, APPfor the Respondent(s) No. 2
VIMAL PATEL for VMP LEGAL(7210) for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE S.V. PINTO
Date : 17/02/2025
ORAL ORDER
1. The present application is filed by the applicant -
original complainant under Section 378(4) of the Code of
Criminal Procedure, 1973 (for short "Cr.P.C.") seeking leave to
file an appeal against the judgment and order dated 06.04.2024
passed by the learned Chief Judicial Magistrate, Amreli in
Criminal Case No.501 of 2019, whereby the original accused -
respondent No. 2 herein came to be acquitted from the charge
levelled against him under Section 138 of the Negotiable
Instruments Act, 1881 (hereinafter referred to as 'the N.I.Act").
The respondent No.2 is hereinafter referred to as "the accused"
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R/CR.MA/22173/2024 ORDER DATED: 17/02/2025
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as he stood in the original case for the sake of convenience,
clarity and brevity.
3. The brief facts culled out from the memo of the
present application as well as the impugned judgment and order
are as under:
3.1. The applicant - Shree Bagasara Nagrik Sharafi
Sahkari Mandali Limited, Amreli and the accused had taken
Hypothecation Cash Credit Loan of Rs.10,00,000/- at the rate of
17% on 09.11.2015. That the accused had given cheque
No.217432 drawn on Rajkot Nagrik Sahkar Bank Ltd. Rajkot
Branch dated 22.03.2019 and the said cheque was deposited by
the applicant, which returned unpaid with the endorsement
"Funds Insufficient" on 25.03.2019. The applicant gave the
statutory demand notice through his advocate, which was duly
served to the accused but, the accused did not give any reply to
the said notice and did not pay the amount, and hence, the
applicant filed the complaint under Section 138 of the N.I.Act
before the Court of the Chief Judical Magistrate, Amreli on
29.04.2019.
3.2. The accused was served with the summons and
appeared before the learned Trial Court and his plea was
NEUTRAL CITATION
R/CR.MA/22173/2024 ORDER DATED: 17/02/2025
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recorded and the evidence of the applicant was taken on record.
The applicant was examined on oath and 07 documentary
evidences were produced in support of his case and after the
closing pursis was filed, the further statement of the accused
under Section 313 of the Code of Criminal Procedure was
recorded, wherein, the accused stated that applicant denied the
contents of the complaint and pleaded that he is innocent. The
arguments of the learned advocates for both the parties were
heard and by the judgment and order passed, the learned Trial
Court has acquitted the accused for the offence under Section
138 of the Act.
4. Being aggrieved and dissatisfied with the the
judgment and order dated 06.04.2024 passed by the learned
Chief Judicial Magistrate, Amreli in Criminal Case No.501 of
2019, the applicant has preferred the present application
seeking leave to appeal.
5. Heard learned advocate Mr.Nishith Acharya for the
applicant, learned advocate Mr.Vimal Patel for VMP Legal
appearing for the respondent - original accused and learned APP
Ms.Jirga Jhaveri for the respondent No.2 - State.
6. On perusal of the impugned judgment and order of
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R/CR.MA/22173/2024 ORDER DATED: 17/02/2025
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acquittal passed by the learned Chief Judicial Magistrate,
Amreli, it appears that the applicant has produced the statement
of accounts of the applicant bank and the accused has also
produced the document of his accounts. The learned Trial Court
ha appreciated the documents and the accused has stated that
the cheque has been deposited without his knowledge. Prima-
facie, it appears that the Hypothecation Cash Credit Loan was
taken by the accused and the documents produced on record are
require to be considered and appreciated, and hence, the
present application deserves consideration. According, the
application seeking leave to file an appeal is allowed.
(S. V. PINTO,J)
F.S.KAZI
