Gujarat High Court
Malabhai Merubhai Gar vs State Of Gujarat on 14 November, 2025
NEUTRAL CITATION
R/CR.MA/13727/2025 ORDER DATED: 14/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 13727
of 2025
In F/CRIMINAL APPEAL NO. 26198 of 2025
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MALABHAI MERUBHAI GAR
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR KAVAN K PATEL FOR MR VIVEK V BHAMARE(6710) for the
Applicant(s) No. 1
MR VN BHAMARE(1122) for the Applicant(s) No. 1
MR YUVRAJ BRAHMBHATT, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 14/11/2025
ORAL ORDER
1. The present application is filed by the applicant complainant
seeking relief to file an appeal against the judgment and order
dated 08.05.2025 by the Learned Judicial Magistrate First Class,
Thangadh in Criminal Case No. 378 of 2024 whereby, the learned
trial Court was pleased to acquit the accused for the offence under
Section 138 of the Negotiable Instruments Act, 1881.
2. Heard learned advocate Mr. Kavan K. Patel for learned
advocate Mr. Vivek V. Bhamare for the appellant No.1 and Mr.
Yuvraj Brahmbhatt for the respondent no. 1 states that the brief
facts arising in the matter, that the accused had friendly relation
with the complainant and owing to the trust the complainant and
accused had financial dealings and the accused requested for an
amount of Rs. 5,50,000/- and when the said amount was
demanded the accused issued a cheque bearing No. 082248
dated 14.08.2024 drawn on his account in Adarsh Cooperative
Bank Ltd., Thangadh Branch with an assurance that sufficient
funds were available in the account relying on the same when the
NEUTRAL CITATION
R/CR.MA/13727/2025 ORDER DATED: 14/11/2025
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said cheque was deposited by the complainant the same was
return unpaid with an endoresement "Funds Insufficient" thereafter,
a legal notice was issued by complainant on 13.09.2024 which
was received by the accused on 04.09.2024.
3. It is the case of the complainant where the respondent has
not filed any reply to the said notice therefore, the complaint was
filed under section 138 of the Negotiable Instrument Act and after
trial was concluded without considering the evidence and facts the
respondent no. 2. It is the case of the complainant that the trial
Court has not appreciated the evidence in proper prospective .
Learned advocate submits that the applicant has a good case on
merits and therefore, the leave to appeal be granted.
4. Learned APP Mr. Yuvraj Brahmbhatt for the state argued
that the trial Court has considered the evidence and passed the
order considering the settled principles of law hence, the leave to
appeal be rejected.
5. Having heard learned advocates for the parties and having
considered the submissions advanced by the respective parties so
also having considered the judgment of the trial Court and having
considered the ratio laid down in the judgment reported in 2025
LiveLaw SC 383 in the case of Ashok Singh vs. State of Uttar
Pradesh and another (supra), prima facie, present matter requires
consideration and hence the present application for leave to
appeal is granted and it is disposed of accordingly.
(SANJEEV J.THAKER,J)
SAKSHI MAURYA
