R/CR.MA/840/2025 ORDER DATED: 28/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 840 of 2025 In F/CRIMINAL APPEAL NO. 500 of 2025 ========================================================== VIJAYBHAI BHANUBHAI RAMANI PROPRIETOR OF 'HITARTH ENTERPRIZE' Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR. SURAJ A SHUKLA(7185) for the Applicant(s) No. 1 NOTICE SERVED for the Respondent(s) No. 2 MS. C.M. SHAH, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MS. JUSTICE S.V. PINTO Date : 28/07/2025 ORAL ORDER 1. The present application is filed by the applicant – original complainant seeking leave to file an appeal against the judgement and order dated 30.11.2024 passed by the learned Chief Judicial Magistrate, Surat (hereinafter referred to as the “learned Trial Court”) in Criminal Case No. 835/2022, whereby, the learned Trial Court was pleased to acquit the respondent no. 2 from the offence under Section 138 of Negotiable Instrument Act, 1881 (hereinafter referred to “the NI Act” for short). 2. Heard learned advocate Mr. Rashesh Patel for learned advocate Mr. Suraj Shukla for the applicant and learned APP Ms. C.M. Shah for the respondent State. R/CR.MA/840/2025 ORDER DATED: 28/07/2025 3. Learned advocate Mr. Rashesh Patel for the applicant submits that the applicant is in the lace business and the respondent no. 2 was purchasing lace material from the applicant. The respondent no. 2 had purchased goods worth Rs. 15,720/- on 05.02.2021 and Rs. 37,440/- on 18.02.2021 and bill no. HE/0479 dated 28.02.2021 for Rs. 55,818/- was issued towards which the respondent no. 2 gave cheque no. 782648 dated 13.09.2021 for Rs. 55,818/- from his account with Varachha Cooperative Bank Ltd., Surat. The cheque was deposited by the applicant in his account with Bank of India, Katargam Branch, Surat 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 but the respondent no. 2 did not repay the amount within the stipulated period and hence, the applicant filed the complaint under Section 138 of the NI Act before the Court of Chief Judicial Magistrate, Surat which came to be registered as Criminal Case No. 835/2022. The respondent no. 2 was duly served with the summons and he appeared before the learned Trial R/CR.MA/840/2025 ORDER DATED: 28/07/2025 Court and after his plea was recorded, the applicant stepped into the witness box and deposed on oath at Exh. 4 and produced 9 documentary evidence in support of his case. Learned advocate submits that the applicant had produced the GST Registration Certificate at Exh. 9, Challans at Exhs. 10 and 11 by which the goods were supplied to the respondent no. 2 and Bill No. HE/0479 at Exh. 12. After the arguments of learned advocates for both the parties were heard, even though the respondent no. 2 did not rebut the presumption and did not put a plausible defence, the learned Trial Court was pleased to acquit the respondent no. 2 from the offence under Section 138 of the NI Act. Learned advocate submits that the applicant had proved by oral and documentary evidence that the goods were purchased and the cheque was issued for the exact 6amount of the bill but the learned Trial Court has not appreciated the evidence in the proper perspective and the impugned judgement and order of acquittal came to be passed. Learned advocate submits that the applicant has a good case on merits and the application seeking leave to R/CR.MA/840/2025 ORDER DATED: 28/07/2025 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 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) VASIM S. SAIYED Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: VASIM SHABBIR SAIYED(HC01902), PRIVATE SECRETARY, at High Court of Gujarat on 28/07/2025 17:47:55