Gujarat High Court
Dharmendrabhai Parshotambhai Gayjan vs Dilipbhai Maganbhai Desai on 18 February, 2025
NEUTRAL CITATION
R/CR.MA/21842/2024 ORDER DATED: 18/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 21842
of 2024
In F/CRIMINAL APPEAL NO. 41264 of 2024
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DHARMENDRABHAI PARSHOTAMBHAI GAYJAN
Versus
DILIPBHAI MAGANBHAI DESAI & ANR.
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Appearance:
NISHITH P ACHARYA(9308) for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 1
MS. JIRGA JHAVERI, APP for the Respondent(s) No. 2
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CORAM:HONOURABLE MS. JUSTICE S.V. PINTO
Date : 18/02/2025
ORAL ORDER
1. The present application is filed by the applicant -
original complainant under Section 419(4) of Bharatiya
Nagarik Surakhsha Sanhita, 2023 seeking leave to file an
appeal against the judgment and order dated 31.08.2024
passed by the learned Judicial Magistrate First Class in
Criminal Case No. 236 of 2024, whereby the original
accused - respondent no. 1 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.1 is hereinafter
NEUTRAL CITATION
R/CR.MA/21842/2024 ORDER DATED: 18/02/2025
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referred to as "the accused" 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.1,00,000/- at the
rate of 18% on 06.10.2020. That the accused had given
cheque no. 100062 drawn on Amreli Jilla Madhyastha
Sahkari Bank, Branch - Liliya Mota dated 01.03.2024 and
the said cheque was deposited by the applicant, which
returned unpaid with the endorsement "Funds Insufficient"
on 01.03.2024. 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 Judicial Magistrate First
Class, Liliya.
NEUTRAL CITATION
R/CR.MA/21842/2024 ORDER DATED: 18/02/2025
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3.2 The accused was served with the summons and
appeared before the learned Trial Court and his plea was
recorded and the evidence of the applicant was taken on
record. The applicant has examined two witnesses and
produced 12 documentary evidences 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 31.08.2024 passed by the learned Judicial
Magistrate First Class in Criminal Case No. 236 of 2024, the
applicant has preferred the present application seeking
leave to appeal.
5. Heard learned advocate Mr. Nishith Acharya for the
NEUTRAL CITATION
R/CR.MA/21842/2024 ORDER DATED: 18/02/2025
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applicant and learned APP Ms.Jirga Jhaveri for the
respondent State. Though served, the respondent no. 1 is
not present before this Court either in person or through an
advocate.
6. On perusal of the impugned judgment and order of
acquittal passed by the learned Judicial Magistrate First
Class, Liliya 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 has 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 required 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)
VASIM S. SAIYED
