Gujarat High Court
Proprietor Of Swaraj Seeds - Rameshbhai ... vs Proprietor Of Om Agro Agency - Modvadiya ... on 25 February, 2025
NEUTRAL CITATION
R/CR.MA/19739/2024 ORDER DATED: 25/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 19739
of 2024
In R/CRIMINAL APPEAL NO. 514 of 2025
With
R/CRIMINAL APPEAL NO. 514 of 2025
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PROPRIETOR OF SWARAJ SEEDS - RAMESHBHAI GOVINDBHAI RAM
Versus
PROPRIETOR OF OM AGRO AGENCY - MODVADIYA RAMBHAI
THEBABHAI & ANR.
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Appearance:
MR YOGESHKUMAR A RATANPARA(7260) 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 : 25/02/2025
ORAL ORDER
ORDER IN CRIMINAL MISC.APPLICATION NO.19739 OF
2024 :
1. This is an application preferred by the applicant
under section 419(4) of the Bhartiya Nagarik Suraksha
Sanhita 2023 for leave to appeal against the judgment and
order of acquittal dated 18.5.2024 passed in Criminal Case
No.7042 of 2022 by learned Chief Judicial Magistrate,
NEUTRAL CITATION
R/CR.MA/19739/2024 ORDER DATED: 25/02/2025
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Junagadh.
2. Heard learned advocate Ms.Hasmeet Gill for
learned advocate Mr.Yogeshkumar Ratanpara for the
applicant. Though served, respondent No.1 has not
appeared either in person or through his advocate.
3. Learned advocate Ms.Hasmeet Gill for the
applicant submits that the applicant is a Proprietor of Shri
Swaraj Seed and respondent No.2 is a Proprietor of Om Agro
Agency and both the parties had business transactions with
which respondent No.1 used to purchase agro seeds from
the applicant. That as per the settlement of accounts, some
amount is paid and for remaining amount of Rs.5,09,360/-,
respondent No.1 issued a cheque in question which was
deposited by the applicant in his account and had returned
unpaid with an endorsement "funds insufficient". That
demand statutory notice was given by the applicant and
thereafter, as the amount is not paid, the applicant filed
Criminal Case No.7042 of 2022 under section 138 of the
NEUTRAL CITATION
R/CR.MA/19739/2024 ORDER DATED: 25/02/2025
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Negotiable Instruments Act 1881 before the learned trial
Court. That respondent No.1 though served with the notice
did not submit any reply to the notice and respondent No.1
did not put up any defence. That learned trial Court on
flimsy grounds acquitted respondent No.1. That the return
memo was also produced before the learned trial Court, the
same was not considered as the return memo did not have
stamp or seal of the bank and ultimately, respondent No.1
came to be acquitted. That the applicant has good case on
merits and hence, leave may be granted.
4. Considering the averments made in the
application supported by the affidavit and arguments
advanced, it appears that leave to appeal deserves to be
granted. Accordingly, this application is allowed in terms of
Para 6(A).
ORDER IN CRIMINAL APPEAL :
Issue bailable warrant of Rs.10,000/- to
NEUTRAL CITATION
R/CR.MA/19739/2024 ORDER DATED: 25/02/2025
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respondent No.1 returnable on 25.3.2025.
(S. V. PINTO,J)
H.M. PATHAN
