R/CR.MA/9217/2024 ORDER DATED: 22/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 9217 of 2024 In F/CRIMINAL APPEAL NO. 17426 of 2024 ========================================================== MADHUKAR AMBALAL KANSARA Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR P P MAJMUDAR(5284) for the Applicant(s) No. 1 MR SANJAY PRAJAPATI(3227) for the Respondent(s) No. 2 MR. PRANAV DHAGAT, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MS. JUSTICE S.V. PINTO Date : 22/07/2025 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 04.04.2024 passed by the learned 25th Additional Chief Judicial Magistrate, Vadodara (hereinafter referred to as the “learned Trial Court”) in Criminal Case No. 32846/2021, 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 NI Act” for short). 2. Heard learned advocate Mr. P.P. Majmudar assisted by learned advocate Ms. Hastee Doshi for the applicant and learned APP Mr. Pranav Dhagat for the respondent State. 2.1 When the matter is called out, learned advocate Mr. Page 1 of 4 R/CR.MA/9217/2024 ORDER DATED: 22/07/2025 Sanjay Prajapati for the respondent no. 2 is not present. 3. Learned advocate Mr. P.P. Majmudar for the applicant submits that the applicant had advanced an amount of Rs. 2,00,000/- by way of four cheques of Rs. 50,000/- each from his account Vijaya Bank, Station Road, Vadodara Branch and an amount of Rs. 10,000/- in cash to the respondent no. 2 and an amount of Rs. 2,80,000/- was to be recovered from the respondent no. 2 towards which the respondent no. 2 gave cheque no. 379421 dated 22.06.2021 for Rs. 50,000/-, cheque no. 379426 dated 24.06.2021 for Rs. 30,000/-, cheque no. 379427 dated 26.06.2021 for Rs. 50,000/-, cheque no. 379422 dated 26.06.2021 for Rs. 50,000/-, cheque no. 379423 dated 30.06.2021 for Rs. 50,000/- and cheque no. 379425 dated 05.07.2021 for Rs. 50,000/- from his account with Indusind Bank, Dadiya Bazaar, Vadodara Branch. The cheques were deposited by the applicant in his account but the cheques returned unpaid with the endorsement “Dormant Account”. The demand statutory notice was given which was duly served to the respondent no. 2 but the respondent no. 2 did not repay R/CR.MA/9217/2024 ORDER DATED: 22/07/2025 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, Vadodara which came to be registered as Criminal Case No. 32846/2021. 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 stepped into the witness box and produced 20 documentary evidence on record in support of his case. Learned advocate submits that it is the case of the applicant that he had advanced the amount through cheques and had produced his bank statement which reflects that the amount was paid by cheques to the respondent no. 2 and the respondent no. 2 had also issued a promissory note which is produced at Exh. 12. Learned advocate submits that the learned Trial Court did not appreciate these documents in proper perspective and presumed that the amount of Rs. 10,000/- in cash was paid only to bring the amount within the period of limitation and has passed the impugned judgement and order of acquittal. Learned advocate submits that the R/CR.MA/9217/2024 ORDER DATED: 22/07/2025 applicant has a good case on merits and the application seeking leave to appeal must be granted. 4. Learned APP Mr. Pranav Dhagat 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 22/07/2025 15:37:53