Gujarat High Court
Utsav Corporation Through Poa ... vs State Of Gujarat on 23 September, 2025
NEUTRAL CITATION
R/CR.MA/11764/2025 ORDER DATED: 23/09/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 11764 of 2025
(FOR LEAVE TO APPEAL)
In
F/CRIMINAL APPEAL NO. 22626 of 2025
========================================================
UTSAV CORPORATION THROUGH POA MEHULBHAI ASHOKBHAI
ASMANIYAWALA
Versus
STATE OF GUJARAT & ANR.
========================================================
Appearance:
MR. ANAND S TAILOR(9021) for the Applicant(s) No. 1
MS.C.M.SHAH, APP for the Respondent(s) No. 1
========================================================
CORAM:HONOURABLE MS. JUSTICE S.V. PINTO
Date : 23/09/2025
ORAL ORDER
1. The present application is filed by the applicant -
original complainant seeking leave to file an appeal against the
judgement and order passed by the learned Additional Chief
Judicial Magistrate, Surat (hereinafter referred to as the
"learned Trial Court") in Criminal Case No. 88660 of 2023 dated
03.04.2025, whereby, the learned Trial Court was pleased to
acquit the accused from the offence under Section 138 of
Negotiable Instrument Act, 1881 (hereinafter referred to "the
N.I.Act" for short).
NEUTRAL CITATION
R/CR.MA/11764/2025 ORDER DATED: 23/09/2025
undefined
2. Heard learned advocate Mr. Anand Tailor for the
applicant and learned APP Ms. C.M.Shah for the respondent
State.
3. Learned advocate Mr. Anand Tailor for the applicant
submits that the applicant is the Power of Attorney Holder of the
partnership firm "Utsav Corporation"and the respondent no.2 is
the proprietor of 'Ravi Stitchers" were having business
transactions. The applicant had given some cloth for stitching
uniform to the respondent no.2 vide the 35 invoices produced
on record and an amount of Rs.13,80,975/- was outstanding
towards which the respondent no.2 gave cheque no.003611
dated 24.07.2023 for an amount of Rs.12,90,750/- from his
account with Associate Cooperative Bank, Umarwada, Surat
Branch. The cheque was deposited by the applicant in the
account of the partnership firm with AU Small Finance Bank,
Surat Branch, but the cheque returned unpaid with the
endorsement "Funds Insufficient". The demand statutory notice
was given which was duly served to the respondent no.2 and the
respondent no. 2 gave an evasive reply and did not repay the
NEUTRAL CITATION
R/CR.MA/11764/2025 ORDER DATED: 23/09/2025
undefined
amount within the stipulated period, and hence, the applicant
filed the complaint under Section 138 of the N.I.Act before the
Court of Chief Judicial Magistrate, Surat, which came to be
registered as Criminal Case No. 88660 of 2023. The respondent
no.2 was duly served with the summons and he appeared
before the learned Trial Court and after his plea was recorded,
the applicant produced the oral and documentary evidence on
record including 35 bills for the goods that were given at Exh.
12 to 46. During pendency of the trial, talks of compromise was
going on between the parties and the matter was compromised
between the parties and a compromise pursis is produced at
Exh.55. Learned advocate submits that as per the compromise
pursis, out of the outstanding amount of Rs.12,90,750/-, the
accused had repaid an amount of Rs.50,000/- and rest of the
amount would be repaid in the installments within short time
and the matter was adjourned. The respondent no.2 did not
repay the remaining amount and as the entire evidence of the
applicant was on record, the applicant filed the closing pursis at
Exh.60. The further statement of the respondent no. 2 was
recorded under Section 313 of Code of Criminal Procedure,
NEUTRAL CITATION
R/CR.MA/11764/2025 ORDER DATED: 23/09/2025
undefined
1973 and the respondent no. 2 filed a closing pursis at Exh.61
stating that he does not want to produced evidence. After the
arguments of learned advocates for both the parties were heard,
by the impugned judgment and order, the learned Trial Court
was pleased to acquit the respondent no. 2 from the offence
under Section 138 of the N.I.Act. Learned advocate submits that
the learned Trial Court acquitted the respondent no.2 mainly on
the ground that the cheque was given towards an amount that
was time barred and not the legally enforceable amount but the
learned Trial Court has not appreciated the evidence in proper
perspective. Learned advocate submits that, in fact, the cheque
was given as of acknowledgment of the period of limitation and
the debt and the part amount was also repaid during the trial.
Learned advocate for the applicant submits that the applicant
has a good case on merits and the application seeking leave to
appeal must be granted.
4. Learned APP Mr. C.M.Shah for the respondent State
has submitted that the learned Trial Court has considered all the
documents produced by the applicant and has also considered
the evidence and has passed the impugned order of acquittal
NEUTRAL CITATION
R/CR.MA/11764/2025 ORDER DATED: 23/09/2025
undefined
considering the settled principles of law and hence, the leave to
appeal may not be granted.
5. Considering the submissions of learned advocate for
the applicant as also on perusal of the paper book on record and
the judgement and order of acquittal, prima facie, it appears
that the documents have not been properly appreciated in
proper perspective. In the peculiar facts and circumstances of
the case in the considered opinion of this Court the application
deserves to be considered. Consequently, the application
seeking leave to appeal is granted and disposed off
accordingly.
(S. V. PINTO,J)
F.S. KAZI
