R/CR.MA/17600/2024 ORDER DATED: 25/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 17600 of 2024 In F/CRIMINAL APPEAL NO. 21565 of 2024 ========================================================== PRAHLADBHAI NARSINHBHAI SOLANKI Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR NIRAV K SOLANKI(11758) for the Applicant(s) No. 1 MR DARSHKUMAR M BUNHA(11765) for the Respondent(s) No. 2 MR PIYUSHKUMAR A MAKASANA(12151) 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 : 25/09/2025 ORAL ORDER 1. The present application is filed by the applicant – original complainant seeking leave to file an appeal against the judgement and order dated 05.03.2024 passed by the learned Additional Chief Judicial Magistrate, Gandhidham at Kutch (hereinafter referred to as the “learned Trial Court”) in Criminal Case No. 983/2019, 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. Nirav Solanki for the R/CR.MA/17600/2024 ORDER DATED: 25/09/2025 applicant and learned APP Ms. C.M. Shah for the respondent State. 2.1 When the matter is called out learned advocate Mr. Darshkumar Bunha and learned advocate Mr. Piyushkumar Makasana for the respondent no. 2 are not present. 3. Learned advocate Mr. Nirav Solanki for the applicant submits that the applicant and the respondent no. 2 were known to each other and were friends and the respondent no. 2 had borrowed an amount of Rs. 13,00,000/- from the applicant. Out of the amount of Rs. 13,00,000/-, an amount of Rs. 10,00,000/- was given by way of cheque and an amount of Rs. 3,00,000/- was given by cash and a promissory note was executed between the parties on 19.12.2014. The amount was to be repaid within a period of one year i.e. till 19.12.2015 and the respondent no. 2 had issued cheque no. 296586 dated 11.12.2018 for Rs. 10,00,000/- from his account with Bank of Baroda, Gandhidham Branch. The cheque was deposited by the applicant in his account with State Bank of India, Gandhidham Branch but the cheque returned unpaid with R/CR.MA/17600/2024 ORDER DATED: 25/09/2025 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 file any reply to the notice and 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, Gandhidham at Kutch which came to be registered as Criminal Case No. 983/2019. 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. 35 and produced ten documentary evidence in support of his case. Learned advocate submits that the respondent no. 2 could not rebut the presumption as the applicant had proved that the amount of Rs. 10,00,000/- was given to the respondent no. 2 by way of cheque. After the arguments of learned advocates for both the parties were heard, by the impugned judgement and order, the learned Trial Court was pleased to acquit the respondent no. 2 from the offence under Section 138 of the NI Act mainly on the ground that R/CR.MA/17600/2024 ORDER DATED: 25/09/2025 the amount was barred by law of limitation. Learned advocate submits that the cheque was given within the period of limitation as it is the case of the applicant that the amount was to be paid on 19.12.2015 and the cheque in question was given on 11.12.2018 which is within the period of limitation which would start when the amount becomes due. Learned advocate submits that the applicant has a good case on merits and the applicant had proved from the oral and documentary evidence that the amount of cheque in question was legally enforceable amount due from the respondent no. 2 but the learned Trial Court has not appreciated the evidence in proper perspective and hence, 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. Page 4 of 5 R/CR.MA/17600/2024 ORDER DATED: 25/09/2025 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 25/09/2025 16:27:09