Gujarat High Court
Vishalkumar Arjanbhai Jalu vs State Of Gujarat on 25 September, 2025
NEUTRAL CITATION
R/CR.MA/3739/2025 ORDER DATED: 25/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC. APPLICATION NO. 3739 of 2025
(FOR LEAVE TO APPEAL)
In
F/CRIMINAL APPEAL NO. 43816 of 2024
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VISHALKUMAR ARJANBHAI JALU
Versus
STATE OF GUJARAT & ANR.
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Appearance:
GIRISH K PATEL(2770) for the Applicant(s) No. 1
MEHUL A SURATI(7870) for the Respondent(s) No. 2
MS.C.M.SHAH, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE S.V. PINTO
Date : 25/09/2025
ORAL ORDER
1. The present application is filed by the applicant -
original complainant seeking leave to file an appeal against the
judgment and order dated 12.08.2024 passed by the learned
Judicial Magistrate First Class, Manavadar (hereinafter referred
to as the "learned Trial Court") in Criminal Case No. 109 of
2021, 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).
2. Heard learned advocate Mr.Girish Patel for the
applicant and learned APP Ms.C.M.Shah for the respondent
State.
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R/CR.MA/3739/2025 ORDER DATED: 25/09/2025
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3. Learned advocate Mr. Girish Patel for the applicant
submits that the respondent no.2 had purchased a JCB Machine
No.GJ-11-BJ-2323 from the complainant for an amount of
Rs.15,90,000/- and accordingly, both the parties had executed
an agreement. The respondent no.2 had paid an amount of
Rs.5,00,000/- in cash and towards the outstanding amount, the
respondent no. 2 had to pay an amount of Rs.1,90,000/- on
29.12.2020 and for the rest of the amount of Rs.9,00,000/-, the
respondent no. 2 had given cheque no.510426 for an amount of
Rs.4,50,000/- and cheque no.510427 for an amount of
Rs.4,50,000/- both dated 14.12.2020 from his account with State
Bank of India, Shamtar, Taluka Una Branch. The cheques were
deposited by the applicant in his account with Axis Bank,
Manavadar Branch but the cheques 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 pay the amount within the stipulated
period, and hence, the applicant filed a complaint under Section
138 of the N.I.Act before the Court of Judicial Magistrate First
Class, Manavadar which came to be registered as Criminal
Case No. 109 of 2021. 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 filed his
examination in chief at Exh.12 and produced 10 documentary
evidence on record including the contract executed between
the parties at Exh.28 and the cheques issued by the respondent
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R/CR.MA/3739/2025 ORDER DATED: 25/09/2025
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no.2 for the JCB Machine and had proved that the applicant had
handed over the JCB Machine to the respondent no.2. 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 mainly on the ground that the
applicant, during the cross-examination, had admitted that he
did not know from whom he had purchased the JCB Machine.
Learned advocate submits that the contract produced at Exh.28
had of the copies of RC Book of the JCB Machine and from the
RC Book, it was proved that the applicant was registered owner
of the JCB Machine but the learned Trial Court has not
appreciated the document in proper perspective and has
concluded that the respondent no. 2 had rebutted the
presumption. Learned advocate submits that the applicant has a
good case on merits and the application seeking leave to appeal
must be granted.
4. Learned APP Ms. 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
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
NEUTRAL CITATION
R/CR.MA/3739/2025 ORDER DATED: 25/09/2025
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the judgment 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
