Gujarat High Court
Amratbhai Morbhai Metaliya Partner Of ... vs State Of Gujarat on 21 July, 2025
NEUTRAL CITATION
R/CR.MA/134/2022 ORDER DATED: 21/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 134 of
2022
In R/CRIMINAL APPEAL NO. 15 of 2022
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AMRATBHAI MORBHAI METALIYA PARTNER OF RADHEKRISHNA
INDUSTRIES
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR. MAULIK M SONI(7249) for the Applicant(s) No. 1
MOHIT A GUPTA(8967) for the Respondent(s) No. 2
MS. CHETNA SHAH, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE S.V. PINTO
Date : 21/07/2025
ORAL ORDER
1. The present application is filed by the applicant - original
complainant seeking leave to file an appeal against the order dated
10.12.2021 passed by the Court of Chief Judicial Magistrate, Botad
(hereinafter referred to as the "learned trial Court") in Criminal Case No.
1701 of 2027, whereby the learned trial Court has acquitted the
respondent No. 2 from the offence under Section 138 of the Negotiable
Instruments Act, 1881 (hereinafter referred to as 'the NI Act").
2. Heard learned advocate Ms. Honey Raval for learned advocate Mr.
Maulik Soni appearing for the applicant, learned APP Ms. Chetna Shah
for the respondent No. 1 - State and learned advocate Mr. Mohit A Gupta
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R/CR.MA/134/2022 ORDER DATED: 21/07/2025
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for the respondent No. 2.
3. Learned advocate Ms. Honey Raval for the applicant submits that
the applicant and the respondent No. 2 were having having business
transactions and the respondent No. 2 had purchased material worth of
Rs.5,34,314/- on 06.12.2014 from the applicant VAT at the rate of 4%
and additional tax was leviable and an in all an amount of Rs.5,61,03/-
was to be paid towards the said goods. The respondent No. 2 had given
Cheque No. "585402" dated 30.04.2017 for an amount of Rs.4,60,030/-
from his account with HDFC Bank, Pramukh Swami Arcade, Dr.Yagnik
Road, Rajkot Branch. The cheque was deposited by the applicant in his
account with State Bank of India, Botad branch but the cheque returned
unpaid with the endorsement "Funds Insufficient". The demand statutory
notice was given, which was duly served to the respondent No. 2 but the
amount was not repaid with the stipulated period and hence the criminal
complaint was filed under Section 138 of the NI Act before the Court of
the Chief Judicial Magistrate, Botad, which came to be registered as
Criminal Case No. 1701 of 2017. After the respondent No. 2 duly served
with the summons, he has appeared before the learned trial Court and his
plea was recorded. The applicant stepped into the witness box and
produced oral and documentary evidence to support his case. The
NEUTRAL CITATION
R/CR.MA/134/2022 ORDER DATED: 21/07/2025
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applicant produced the debit memo by which the goods were sold at
Exh.20 and the account statement of the respondent No. 2 from the books
of account of the applicant at Exh.21. Learned advocate for the applicant
submits that the respondent No. 2 merely denied that he had received any
of the goods but did not rebut the presumption and from the evidence, the
applicant had proved that the goods were sent to the respondent No. 2 but
the respondent No. 2 did not explain as to how the cheque for
Rs.4,61,030/- came to the possession of the applicant. Learned advocate
for the applicant submits that the learned trial Court did not appreciate the
documents in proper perspective and without appreciating that the
applicant had proved the legally enforceable debt, came to the conclusion
that the applicant had failed to prove the legal debt. Learned advocate for
the applicant submits that the applicant has a good case on merits and
hence the application seeking leave to appeal must be allowed.
4. Learned APP Ms. Chetna Shah and learned advocate Mr. Mohit
Gupta for respondent No. 2 - original complainant have jointly submitted
that necessary orders may be passed after perusing the copy of the
impugned judgment and a copy of the paper book produced on record by
the learned advocate for the applicant.
NEUTRAL CITATION
R/CR.MA/134/2022 ORDER DATED: 21/07/2025
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5. On perusal of the impugned judgment and order and the paper
book produced by the applicant on record, it, prima facie, appears that the
learned trial Court has not appreciated the documents in proper
perspective and hence, leave to appeal is required to be granted and the
same is granted.
(S. V. PINTO,J)
VVM
