R/CR.MA/15393/2025 ORDER DATED: 12/08/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 15393 of 2025 In F/CRIMINAL APPEAL NO. 24588 of 2025 With CRIMINAL MISC.APPLICATION (FOR ADDITIONAL EVIDENCE) NO. 1 of 2025 In F/CRIMINAL APPEAL NO. 24588 of 2025 ========================================================== SATISHKUMAR ROSHANLAL JAIN Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: NAMAN H KINKHABWALA(8831) for the Applicant(s) No. 1 MR. ROHAN SHAH, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MS. JUSTICE S.V. PINTO Date : 12/08/2025 ORAL ORDER ORDER IN CRIMINAL MISC. APPLICATION NO. 15393 OF 2025: 1. The present application is filed by the applicant – original complainant seeking leave to file an appeal against the judgement and order dated 17.05.2025 passed by the learned 3rd Judicial Magistrate First Class, Panchmahals at Godhra (hereinafter referred to as the “learned Trial Court”) in Criminal Case No. 2165/2023, 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). Page 1 of 5 R/CR.MA/15393/2025 ORDER DATED: 12/08/2025 2. Heard learned advocate Mr. Naman Kinkhabwala for the applicant and learned APP Mr. Rohan Shah for the respondent State. 3. Learned advocate Mr. Naman Kinkhabwala for the applicant submits that the applicant is doing the business in the name of Arihant Developers and is in the business of buying and selling lands and plots. The respondent no. 2 is in the business of utensils and was known to the applicant and in March 2022, the respondent no. 2 had requested for some financial assistance from the applicant. The applicant had given Rs. 4,40,000/-, Rs. 3,00,000/- and Rs. 3,10,000/- and in all Rs. 10,50,000/- to the respondent no. 2. Towards the outstanding amount, the respondent no. 2 gave cheque no. 514964 dated 20.09.2022 for Rs. 4,40,000/-, cheque no. 514965 dated 18.10.2022 for Rs. 3,00,000/- and cheque no. 514966 dated 25.11.2022 for Rs. 3,10,000/- from his account with Bank of Baroda, Sehra Branch. The cheques were deposited by the applicant in his account with Godhra City Cooperative Bank, Godhra R/CR.MA/15393/2025 ORDER DATED: 12/08/2025 Branch but the cheques returned unpaid with the endorsement “Account Blocked”. 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, Panchmahals at Godhra which came to be registered as Criminal Case No. 2165/2023. The respondent no. 2 was duly served with the summons and he appeared before the learned Trial Court and his plea was recorded at Exh. 8. The applicant stepped into the witness box and examined one witness on his behalf and produced ten documentary evidences in support of his case. Learned advocate submits that the applicant had produced the copy of the ledger account of the respondent no. 2 and the Income Tax Returns for the assessment year 2022-2023 but inadvertently, the Income Tax Returns of the assessment year 2023-2024, wherein, the amount has been reflected in the account of the applicant, was not produced on record. Learned advocate R/CR.MA/15393/2025 ORDER DATED: 12/08/2025 submits that the ledger account of the respondent no. 2 was sufficient to prove that the legally enforceable due was outstanding from the respondent no. 2 toward which the cheques in question were given. During the cross- examination, the respondent no. 2 could not rebut the presumption and the learned Trial Court did not appreciate the evidence in proper perspective and concluded that the applicant did not have the financial capacity to advance the amount to the respondent no. 2. 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 Mr. Rohan 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 R/CR.MA/15393/2025 ORDER DATED: 12/08/2025 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. ORDER IN CRIMINAL MISC. APPLICATION NO. 1 OF 2025: To be heard along with the main matter. (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 12/08/2025 15:40:28