Gujarat High Court
Satyanarayan Jagannath Kabra vs State Of Gujarat on 26 June, 2025
NEUTRAL CITATION
R/CR.MA/12139/2025 ORDER DATED: 26/06/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 12139
of 2025
In F/CRIMINAL APPEAL NO. 23505 of 2025
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SATYANARAYAN JAGANNATH KABRA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR ABHISHEK H AHUJA(12135) for the Applicant(s) No. 1
MR. HEMANG S TRIVEDI(10045) for the Applicant(s) No. 1
MS. CHETNA SHAH, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE S.V. PINTO
Date : 26/06/2025
ORAL ORDER
1. The present application is filed by the applicant - original
complainant seeking leave to file an appeal against the order dated
02.05.2025 passed by the Court of learned Chief Judicial Magistrate,
Ahmedabad Rural, Mirzapur (hereinafter referred to as the "learned Trial
Court") in Criminal Case No. 9272 of 2021, whereby the learned trial
Court has dismissed the Criminal Case for want of prosecution as the
applicant did not remain present under the provisions of Section 256 of
Cr.P.C. and the respondent - original accused came to be acquitted from
the offence under Section 138 of the Negotiable Instruments Act, 1881
(hereinafter referred to as 'the NI Act").
NEUTRAL CITATION
R/CR.MA/12139/2025 ORDER DATED: 26/06/2025
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2. Heard learned advocate Mr. Hemang S. Trivedi appearing for the
applicant and learned APP Ms. Chetna Shah for the respondent No.1-
State.
3. Learned advocate Mr. Hemang S. Trivedi for the applicant submits
that the respondent No. 2 had taken an amount of Rs.25,00,000/- for a
period of twenty three months, which was given through RTGS to Bohra
Industries Ltd., the firm of the respondent No. 2. The respondent No. 2
gave cheque No."024844" dated 29.12.2020 for the amount of
Rs.25,00,000/- from his account with Axis Bank Ltd, Udaipur, Rajasthan
Branch. The cheque was deposited by the applicant in his account with
Indusland Bank, Shyamal Cross Road, Ahmedabad Branch but the same
returned unpaid with the endorsement "Funds Insufficient". The demand
statutory notice was given, which was duly served to the respondent No.
2 but the respondent No. 2 did not repay the amount within the stipulated
period, and hence, the applicant has filed the criminal complaint under
Section 138 of the NI Act before the Court of the Chief Judicial
Magistrate, Ahmedabad Rural, Mirzapur, which came to be registered as
Criminal Case No. 9272 of 2021. The respondent No. 2 was duly served
with the summons and after he appeared before the learned trial Court,
the evidence of the applicant was on record. The respondent No. 2
submitted an application at Exh. 12 to dispose of the case but the
NEUTRAL CITATION
R/CR.MA/12139/2025 ORDER DATED: 26/06/2025
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application came to be rejected by the learned trial Court by the order
dated 15.02.2024. Being aggrieved with the order of rejection, the
respondent No. 2 filed a Criminal Revision Application No. 146 of 2024
before the learned Sessions Court, Ahmedabad Rural, Mirzapur and the
same is pending before the learned Sessions Court. During the pendency
of the trial, the respondent No. 2 stopped appearing before the learned
trial Court and non-bailable warrants were issued against the respondent
No. 2, which was also taken by hand by the applicant to get them
executed as the respondent No. 2 is residing in Udaipur, Rajasthan. The
respondent No. 2 succeeded in avoiding service of non-bailable warrant
and was remaining present before the learned Sessions Court, for the
revision application and the revision application is not decided till date
and the next date of revision application is 30.06.2025. Even though, the
respondent No. 2 was not regularly attending the learned Court and the
evidence of the applicant was on record, by the impugned judgment and
order, the learned trial Court was pleased to dismiss the complaint of the
applicant under Section 256 of the Cr.P.C and acquit the respondent No.
2 from the offence of Section 138 of the NI Act and , which is against the
settled principles of law. Learned advocate for the applicant submits that
the applicant has a good case on merits and as the learned trial Court has
not appreciated the evidence on record, and hence, the application
NEUTRAL CITATION
R/CR.MA/12139/2025 ORDER DATED: 26/06/2025
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seeking leave to appeal may be allowed.
4. Learned APP Ms. Chetna Shah for the respondent No 1 - State and
has submitted that necessary orders may be passed after perusing the
copy of the Rojkam produced on record by the learned advocate for the
applicant.
5. Considering the submissions of learned advocate for the applicant
as also the copy of the Rojkam produced on record by the learned
advocate for the applicant, it appears that the learned trial Court has not
appreicated the evidence in proper perspective and has passed the
impugned order under Section 256 of the Code of Criminal Procedure,
1973 and hence, the application seeking leave to appeal deserves
consideration. Consequently, the same is allowed.
(S. V. PINTO,J)
VVM
