Gujarat High Court
Moahanlal Chhataram Rajai vs State Of Gujarat on 19 June, 2025
NEUTRAL CITATION
R/CR.MA/20164/2024 ORDER DATED: 19/06/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC. APPLICATION NO. 20164 of 2024
(FOR LEAVE TO APPEAL)
In
F/CRIMINAL APPEAL NO. 38824 of 2024
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MOAHANLAL CHHATARAM RAJAI
Versus
STATE OF GUJARAT & ORS.
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Appearance:
JENIL M SHAH(7840) for the Applicant(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 2,3
MR PRANAV DHAGAT,APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE S.V. PINTO
Date : 19/06/2025
ORAL ORDER
1. Though served, the respondent Nos. 2 and 3 have not
appeared either in person or through an advocate.
2. The present application is filed by the applicant seeking
leave to file an appeal against the order dated 22.08.2024 passed
by the learned 2nd Additional Chief Judicial Magistrate, Special
Court (N.I.Act), Bhavnagar in Criminal Case No. 6730 of 2019,
whereby, the respondent Nos. 2 and 3 came to be acquitted from
the charge levelled against them under Section 138 of Negotiable
Instrument Act, 1881 (hereinafter referred to as "N.I.Act").
NEUTRAL CITATION
R/CR.MA/20164/2024 ORDER DATED: 19/06/2025
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3. Heard learned advocate Mr.Jenil M. Shah for the
applicant and learned APP Mr.Pranav Dhagat for the respondent
No.1 - State.
4. Learned advocate Mr.Jenil M. Shah for the applicant
submits that the applicant had a right in the immovable property
being Plot No.551/A situated in Manekwadi, Sarpatni Road,
Bhavnagar which was in Survey Nos.4417 to 4420 in Ward No.5 of
the City Survey Office. Special Civil Suit No.72 of 2001 was
pending before the Civil Court, Bhavnagar and the applicant had
obtained a temporary injunction in his favour. During the pendency
of the suit, a settlement was arrived at between the parties and it
was decided that the accused pay an amount of Rs.35,00,000/- to
the applicant and an agreement to this effect was executed on a
Non-Judicial Stamp Paper which is produced at Exh.21. In the said
agreement, the respondent No.2 admitted to give an amount of
Rs.15,00,000/- in cash to the applicant and had issued cheque
Nos.001123 of Rs.10,00,000/- from his account with ICICI Bank,
Waghwadi Road, Bhavnagar Branch. Pursuant to the agreement,
Civil Suit No.72 of 2001 was disposed of and the registered sale
deed regarding the disputed suit properties was executed between
the parties and as per the agreement, the amount of Rs.10,00,000/-
was the legally enforceable debt amount due to the applicant.
NEUTRAL CITATION
R/CR.MA/20164/2024 ORDER DATED: 19/06/2025
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Accordingly, the applicant deposited the cheque in question in his
account with the State Bank of India, Sardarnagar, Bhavnagar
Branch, but the cheque was 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
paid, and hence, the applicant filed the criminal complaint under
Section 138 of N.I.Act before the Court of Chief Judicial Magistrate,
Bhavnagar, which came to be registered as Criminal Case No.6730
of 2019. After the respondent No.2 was duly served with the
summons, he appeared before the learned Trial Court and the
applicant produced the oral and documentary evidences in support
of his case and the respondent No.2 produced the copy of the sale
deeds regarding the property executed pursuant to the agreement.
After the arguments of both the parties were heard, the learned
Trial Court, by the impugned judgment and order dated
22.08.2024, was pleased to acquit the respondent Nos.2 and 3 for
the offence under Section 138 fo the N.I.Act. Learned advocate for
the applicant submits that the learned Trial Court has not
appreciated the agreement and the sale deeds in proper
perspective even though, the applicant had proved the legally
enforceable debt of Rs.10,00,000/- due to the applicant. The
applicant has a good case on merits, and hence, learned advocate
for the applicant has urged that the application for leave to appeal
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R/CR.MA/20164/2024 ORDER DATED: 19/06/2025
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may be granted.
5. Learned APP Mr. Pranav Dhagat for the respondent -
State has submitted that the learned Trial Court has appreciated all
the documents in proper perspective and no interference of this
Court is required, and hence, the application for leave to appeal
may be dismissed.
6. Considering the submissions of learned advocates for
the respective parties and on perusal of the paper book,
primaBitstream Vera Serif facie, it appears that the learned Trial
Court has not appreciated the documents available on record in
proper perspective and hence, the present application requires
consideration. The application for leave to appeal is granted and
disposed off accordingly.
(S. V. PINTO,J)
F.S.KAZI
