Gujarat High Court
Pawankumar Gangadhar Prajapati ... vs State Of Gujarat on 18 July, 2025
NEUTRAL CITATION
R/CR.MA/6326/2025 ORDER DATED: 18/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC. APPLICATION NO. 6326 of 2025
(FOR LEAVE TO APPEAL)
In
F/CRIMINAL APPEAL NO. 9323 of 2025
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PAWANKUMAR GANGADHAR PRAJAPATI PROP./AUTHORISED PERSON
OF RADHIKA SAREES
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MS DIVYA B RAWAL(13060) for the Applicant(s) No. 1
MS CM SHAH, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE S.V. PINTO
Date : 18/07/2025
ORAL ORDER
1. The present application is filed by the applicant -
original complainant seeking leave to file an appeal against the
order dated 22.08.2024 passed by the learned Court of 15 th
Additional Chief Judicial Magistrate, Surat (hereinafter referred to
as the "learned Trial Court") in Criminal Case No. 31835 of 2022,
whereby, respondent Nos.2 and 3 original accused came to be
acquitted from the offence under Section 138 of Negotiable
Instrument Act, 1881 (hereinafter referred to as "N.I.Act").
2. Heard learned advocate Mr.Anirudh Suchak for
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R/CR.MA/6326/2025 ORDER DATED: 18/07/2025
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learned advocate Ms.Divya B.Rawal for the applicant and learned
APP Ms.C.M.Shah for the respondent No.1 - State.
3. Learned advocate Mr.Anirudh Suchak for the
applicant submits that the applicant is the proprietor and
authorized person of 'Radhika Sarees' and the respondent no. 3 is
the proprietor and authorized person of 'Tanisha Sarees'. Both the
parties were in the business of textile (sarees) in Surat and the
respondent no. 3 had purchased sarees from the applicant vide bill
No. 327 for the amount of Rs.7,05,600/- produced at Exh.14,
towards the outstanding amount, the respondent no. 3 issued six
cheques, out of which, cheque no. 218653 for Rs.2,00,000/- dated
31.03.2022 and cheque no. 218654 for Rs.1,71,900/- dated
06.04.2022 from his account with Central Bank of India, Adajan
Branch, was deposited by the applicant in his account with HDFC
Bank Ltd., but the cheques returned unpaid with the endorsement
"Payment Stopped By Drawer". The demand statutory notice was
given, which was duly served to the respondent no. 3 the
respondent no. 3 gave reply to notice mainly contending that the
applicant required finance for personal and business relations and
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cheques were given as advanced payment for future transactions
and the cheques were misused by the applicant and did not repay
the amount within the stipulated period, and hence, the applicant
filed a complaint under Section 138 of N.I.Act before the Court of
Chief Judicial Magistrate, Surat, which came to be registered as
Criminal Case No. 31835 of 2022. The learned Trial Court was
pleased to take cognizance of the offence and the respondent no. 3
was duly served with the summons and he appeared before the
learned Trial Court and after the plea of the respondent no. 3 was
recorded, the applicant produced oral and documentary evidence
in support of the case. The applicant produced the copy of bill No.
327, by which, the goods were sold at Exh.14, the reply given by
the respondent no. 3 at Exh. 23, the B Summary Returns at Exh. 24,
copy of Ledger at Exh. 25, GST Return filed by the respondent no.
3 at Exh. 26 and also the bank statement of the applicant at Exh.28
including the other documents. Learned advocate submits that
from the oral and documentary evidence, the applicant had
proved that the goods were purchased by the respondent no. 3,
towards which, the cheques were issued. Learned advocate for the
applicant submits that as there was a dispute between the parties,
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the applicant had given an application to the Police Inspector,
Puna Police Station, Surat and the application was inquired into by
ASI, Puna Police Station, Surat, wherein, the statement of the
applicant was recorded and the same fact was reiterated in the
application filed before the Police Station. During the cross-
examination fo the application, the respondent no. 3 could not
rebut the presumption and in the statement recorded under
Section 313 of the Cr.P.C., it was the say of the respondent no. 3
that stand that the security cheques have been misused by the
respondent no.3. After the arguments of the learned advocate for
the respective parties, the learned Trial Court, by the impugned
judgment and order, was pleased to acquit the respondent nos. 2
and 3 for the offence under Section 138 fo the N.I.Asct mainly on
the ground that the delivery challans were not produced on record
and the transactions have not been proved. Learned advocate for
the applicant submits that the documentary evidence on record
have proved the transaction between the parties, but the learned
Trial Court has not appreciated the evidence in proper perspective.
Learned advocate submits that the applicant has a good case on
merits and has urged this Court to allow the present application.
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R/CR.MA/6326/2025 ORDER DATED: 18/07/2025
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4. Learned APP Ms.C.M.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 perusal of the paper book available on record,
prima-facie, it appears that the learned Trial Court has failed to
appreciate the entire evidence in proper perspective, and hence, in
the peculiar facts and circumstances of the case and 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
