Gujarat High Court
Prerna Bio Seeds Pvt Ltd Thro Rasikbhai ... vs State Of Gujarat on 16 June, 2025
NEUTRAL CITATION
R/CR.MA/7040/2025 ORDER DATED: 16/06/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 7040 of
2025
In F/CRIMINAL APPEAL NO. 13230 of 2025
==========================================================
PRERNA BIO SEEDS PVT LTD THRO RASIKBHAI ISHVARBHAI PATEL
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR HR PRAJAPATI(674) for the Applicant(s) No. 1
MS NISHKA H PRAJAPATI(10717) for the Applicant(s) No. 1
MS. CHETNA SHAH, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MS. JUSTICE S.V. PINTO
Date : 16/06/2025
ORAL ORDER
1. The present application is filed by the applicant - original
complainant under Section 378(4) of the Code of Criminal Procedure,
1973 seeking leave to appeal against the order dated 16.01.2025 passed
by the Additional Chief Judicial Magistrate First Class, Idar at
Sabarkantha (hereinafter referred to as the trial Court) acquitting the
respondent - No. 2 in Criminal Case No. 1406 of 2015 filed by the
applicant for the offence under Section 138 of the Negotiable Instrument
Act, 1881. (hereinafter referred to as the NI Act)
1.1 The respondent No. 2 is hereinafter referred to as " the accused" as
he stood in the original case for the sake of convenience, clarity and
brevity.
NEUTRAL CITATION
R/CR.MA/7040/2025 ORDER DATED: 16/06/2025
undefined
2. The brief facts culled out from the memo of the present appeal as
well as the record and proceedings are as under:-
2.1 The applicant is doing the business in the name of Prerna Bio
Seeds Ltd, and the respondent No. 2 is doing the business in the name of
Shradhdha Agro Seeds and was regularly purchasing the seeds from the
applicant. At the end of the financial year 2014-2015, an amount of
Rs.18,87,826/- was remaining towards the seeds that were purchased by
the respondent No. 2 and the respondent No. 2 issued Cheque No.
"166158" dated 09.10.2015 for the amount of Rs.10,00,000/- and Cheque
No. 166159 dated 09.10.2015 for the amount of Rs.8,87,826/- from his
account with Central Bank of India, Kevadbaug Branch, Vadodara. The
said cheques were deposited by the applicant in his account with Bank of
Baroda, Javanpura Branch, Idar but the said Cheques were returned
unpaid with the endorsement "Funds Insufficient". The demand statutory
notice was given, which was duly served to the respondent No. 2.
However, the respondent No. 2 did not file any reply nor repaid the
outstanding amount and hence, the complaint under Section 138 of the
N.I.Act was filed before the Court of Judicial Magistrate First Class, Idar.
2.2 After the respondent No. 2 was served with the summons and
appeared before the learned trial Court, the applicant submitted all the
evidence including the bills by which the goods were taken by the
NEUTRAL CITATION
R/CR.MA/7040/2025 ORDER DATED: 16/06/2025
undefined
respondent No. 2 and the statements of account wherein it was clearly
stated that the respondent no. 2 has paid certain amount as the account
was a continuous account between the parties. The learned trial Court did
not appreciate the entire evidence in proper perspective and by the
judgement and order dated 16.01.2025 was pleased to acquit the
respondent No. 2 from the offence of Section 138 of the N.I.Act.
3. Heard learned advocate Mr. H.R.Prajapati for the applicant and
learned Additional Public Prosecutor Ms. Chetna Shah for the respondent
State. Though served to the respondent-accused, none has appeared either
in person or through an advocate. Perused the judgment and order passed
by the learned trial Court and the paper book submitted by the learned
advocate for the applicant.
4. Learned advocate for the applicant submits that the learned trial
Court has not appreciated the documentary evidences in proper
perspective. The applicant has good case on merits and hence, the
applicant seeking leave to appeal must be granted.
5. Learned Additional Public Prosecutor, Ms. Chetna Shah for the
respondent-State has submitted that learned trial Court has appreciated all
the evidence and no interference is required for in the impugned
judgment and order passed by the learned trial Court and hence the
application seeking leave to appeal must be rejected.
NEUTRAL CITATION
R/CR.MA/7040/2025 ORDER DATED: 16/06/2025
undefined
6. On perusal of the impugned judgment and order and the evidence
produced by the applicant on record of the learned trial Court, it appears
that the learned trial Court has not appreciated the documents in proper
perspective and hence, the application seeking leave to appeal deserves
consideration and the same is granted.
(S. V. PINTO,J)
VVM
