Gujarat High Court
Ghanshyambhai Parbatbhai Surani vs State Of Gujarat on 28 July, 2025
NEUTRAL CITATION
R/CR.MA/418/2025 ORDER DATED: 28/07/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 418 of
2025
In F/CRIMINAL APPEAL NO. 45078 of 2024
==========================================================
GHANSHYAMBHAI PARBATBHAI SURANI
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR AMIT P SOLIYA(10780) for the Applicant(s) No. 1
MS. CHETNA SHAH, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MS. JUSTICE S.V. PINTO
Date : 28/07/2025
ORAL ORDER
1. The present application is filed by the applicant - original
complainant under Section 419(4) of the Bharatiya Nagarik Suraksha
Sanhita, 2023 seeking leave to appeal against the order dated 13.09.2024
passed by Additional Chief Judicial Magistrate, Gondal (hereinafter
referred to as the learned trial Court) acquitting the respondent No. 2 -
accused in Criminal Case No. 501 of 2018 filed by the applicant for the
offence under Section 138 of the Negotiable Instrument Act, 1881.
(hereinafter referred to as the NI Act)
2. Heard learned advocate Mr. Amit P. Soliya for the applicant and
learned Additional Public Prosecutor Ms. Chetna Shah for the respondent
No. 1 - State.
NEUTRAL CITATION
R/CR.MA/418/2025 ORDER DATED: 28/07/2025
undefined
3. Learned advocate Mr. Soliya for the applicant submits that the
applicant is the partner Plastimber Impex and the respondent No. 2 is a
partner and administrator of Shree Balaji Decorative. The respondent
No.2 has purchased the PVC and wood plastic sheets and plastic
materials from the applicant and an amount of Rs.5,62,556/- was
outstanding towards which, the respondent No.2 issued Cheque
No."000314" dated 23.01.2018 for an amount of Rs.5,62,556/- from his
account with H.D.F.C. Bank, Pitampura, New Delhi Branch. The
applicant deposited the said cheque in his account with Central Bank of
India, Gondal Branch but the said cheque returned unpaid with the
endorsement "Funds Insufficient". The demand statutory notice was
given, but, the accused did not repay the amount within the stipulated
period and hence the applicant filed a criminal complaint before the Court
of Chief Judicial Magistrate, Gondal under Section 138 of the N.I.Act.,
which was registered as Criminal Case No. 501 of 2018.
4. The accused was duly served with the summons and the accused
appeared and the plea of the accused was recorded and the applicant
produced oral and documentary evidences in support of his case. After
the evidence of the applicant was closed, the further statement of the
accused under Section 313 of the Code of Criminal Procedure, 1973 was
recorded and after hearing the arguments of both the learned advocates,
NEUTRAL CITATION
R/CR.MA/418/2025 ORDER DATED: 28/07/2025
undefined
the learned trial Court, Ahmedabad was pleased to acquit the accused for
the offence of under Section 138 of the N.I.Act.
5. Learned advocate Mr. Amit Soliya for the applicant submits that
the applicant has produced the copies of the bills, by which, the goods
were sold at Exh.28 and Exh.29 and also the statement at Exh.27. The
applicant also produced the audit report at Exhs.52 to 54 and had proved
that the legally enforceable amount was due, for which, the cheque in
question was issued. The learned trial Court did not appreciate the
documents in proper perspective and concluded that merely as the
partnership firm was not joined as a party to the proceedings and the
legally enforceable due was not proved, was pleased to pass the
impugned judgment and order of acquittal. The learned advocate for the
applicant further submits that the applicant has a good case on merits and
the applicant has, by documentary evidences, proved that the legally
enforceable amount was due from the respondent No. 2 towards which,
the cheque in question was issued.
6. Learned Additional Public Prosecutor, Ms. Chetna Shah for the
respondent No. 1 - State has submitted that learned trial Court has
appreciated all the evidence and hence the application may be rejected.
NEUTRAL CITATION
R/CR.MA/418/2025 ORDER DATED: 28/07/2025
undefined
7. Considering the submissions advanced by the learned advocate for
the applicant as also on perusal of the impugned judgment and order and
the paper book submitted by the learned advocate for the applicant,
prima-facie, it appears that the learned trial Court has not appreciated the
evidence on record in proper perspective and hence, the application
seeking leave to appeal deserves consideration and the same is allowed. .
(S. V. PINTO,J)
VVM
