Nitin Ishavarbhai Kadhiwala ... vs State Of Gujarat
2025 Latest Caselaw 3389 Guj

Gujarat High Court

Nitin Ishavarbhai Kadhiwala ... vs State Of Gujarat on 25 February, 2025

                                                                                                          NEUTRAL CITATION




                            R/CR.MA/24348/2024                              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. 24348
                                                  of 2024

                                            In F/CRIMINAL APPEAL NO. 46721 of 2024

                       ==========================================================
                              NITIN ISHAVARBHAI KADHIWALA PROPRIETOR OF SIDDARTH
                                                    TEXTILES
                                                      Versus
                                            STATE OF GUJARAT & ANR.
                       ==========================================================
                       Appearance:
                       MR NAUMAN S QURESHI(10669) for the Applicant(s) No. 1
                       MR SHAKEEL A QURESHI(1077) for the Applicant(s) No. 1
                       MR MATAFER R PANDE(3952) for the Respondent(s) No. 2
                       MS JIRGA JHAVERI, APP for the Respondent(s) No. 1
                       ==========================================================

                          CORAM:HONOURABLE MS. JUSTICE S.V. PINTO

                                                       Date : 25/02/2025

                                                        ORAL ORDER

1. This is an application preferred by the applicant

under section 419 of the Bhartiya Nagarik Suraksha

Sanhita 2023 for leave to appeal against the judgment and

order of acquittal dated 3.10.2024 passed in Criminal Case

No.55431 of 2021 by learned 11 th Additional Chief Judicial

Magistrate, Surat.

NEUTRAL CITATION

R/CR.MA/24348/2024 ORDER DATED: 25/02/2025

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2. When the matter is called, learned advocate

Mr.Matafer Pande appearing for respondent No.2 is not

present.

3. Heard learned advocate Mr.Nauman Qureshi for

the applicant.

4. Learned advocate Mr.Noman Qureshi for the

applicant submits that the applicant and respondent No.2

had business transaction and the amount of Rs.32,000/-,

Rs.31,799/- and Rs.19,051/- were due from respondent

No.2 and towards the same, respondent No.2 has issued

cheques. That the same had returned unpaid. That the

demand statutory notice was given by the applicant and

thereafter, as the amount is not paid, the applicant filed

Criminal Case No.55431 of 2021 under section 138 of the

Negotiable Instruments Act 1881 before the learned trial

Court. That the applicant produced all the bills by which

business transactions between the applicant and

respondent No.2 were proved but as the bills were computer

NEUTRAL CITATION

R/CR.MA/24348/2024 ORDER DATED: 25/02/2025

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generated, learned trial Court did not rely upon them

mainly on the ground that the certificate under section 165-

B of the Indian Evidence Act was not produced and

respondent No.2 came to be acquitted. That the applicant

has good case on merits. That by the other documents

produced on record, it appears that the amount is due from

respondent No.2.

5. 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 4(B).

(S. V. PINTO,J) H.M. PATHAN