R/CR.MA/16333/2025 ORDER DATED: 12/08/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 16333 of 2025 In F/CRIMINAL APPEAL NO. 31512 of 2025 ========================================================== HARDEEPSINH LAXMANSINH JADEJA Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR VIRAL J VYAS(6233) for the Applicant(s) No. 1 MR.KISHAN PRAJAPATI(7074) 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 1. The present application is filed by the applicant – original complainant seeking leave to file an appeal against the order dated 22.05.2025 passed by the learned Additional Chief Metropolitan Magistrate, N.I. Act Court No. 37, Ahmedabad (hereinafter referred to as the “learned Trial Court”) in Criminal Case No. 112479/2019, whereby the learned Trial Court has dismissed the Criminal Case for want of prosecution as the applicant did not remain present under the provisions of Section 256(3) of Cr.P.C. and the respondent no. 2 - original accused came to be acquitted from the offence under Section 138 of Negotiable Instrument R/CR.MA/16333/2025 ORDER DATED: 12/08/2025 Act, 1881 (hereinafter referred to “the NI Act” for short). 2. Heard learned advocate Mr. Viral Vyas for the applicant and learned APP Mr. Rohan Shah for the respondent State. 3. Learned advocate Mr. Viral Vyas for the applicant submits that the applicant and the respondent no. 2 were known to each other and were friends. The respondent no. 2 was in need of some finance and on 01.03.2018, the applicant had advanced an amount of Rs. 50,000/- as hand loan to the respondent no. 2. Towards the outstanding amount, the respondent no. 2 issued cheque no. 000043 dated 22.07.2019 for Rs. 50,000/- from his account with HDFC Bank, Memco Branch, Bapunagar, Ahmedabad. The cheque was deposited by the applicant in his account with the Ahmedabad District Cooperative Bank Ltd., Vastral Branch, Ahmedabad but the cheque returned unpaid with the endorsement “Funds Insufficient”. The demand statutory notice was given but the respondent no. 2 did not file any reply and did not repay the amount within the R/CR.MA/16333/2025 ORDER DATED: 12/08/2025 stipulated period and hence, the applicant filed a criminal complaint under Section 138 of the NI Act before the Court of Chief Metropolitan Magistrate, Ahmedabad which came to be registered as Criminal Case No. 112479/2019. Learned advocate submits that the case was filed by the applicant on 16.12.2019 and the learned Trial Court was pleased to take cognizance and issue summons to the respondent no. 2 with a returnable date 03.03.2020. The matter was pending for service of summons to the respondent no. 2 but during that time due to pandemic of Covid-19, the Courts were closed and the matter could not be traced out for some reasons. Learned advocate submits that the respondent no. 2 was not served with the summons but along with the complaint, the applicant had filed his examination-in-chief at Exh. 4 and the list of documents at Exh. 6 and had also filed an application at Exh. 5 for exhibiting the documents. Learned advocate submits that the rojkaam would reflect that the matter was not on board at any point of time and merely one after the other dates were given and thereafter, the learned Trial Court by the impugned order dated R/CR.MA/16333/2025 ORDER DATED: 12/08/2025 22.05.2025 was pleased to pass the impugned order and dismiss the complaint under Section 256 of Code of Criminal Procedure, 1973 and acquitted the respondent no. 2 from the offence under Section 138 of the NI Act. Learned advocate submits that the applicant has not been given the proper opportunity and the applicant has a good case on merits and merely because the case was a targeted case, the matter has been dismissed and hence, the application seeking leave to appeal is required to be granted. 4. Learned APP Mr. Rohan Shah for the respondent State has submitted that the learned Trial Court has considered the absence of the applicant and has passed the impugned order of acquittal but considering the copy of the rojkaam, necessary orders may be passed. 5. Considering the submissions of learned advocate for the applicant as also on perusal of the rojkaam produced on record, 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 R/CR.MA/16333/2025 ORDER DATED: 12/08/2025 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 12/08/2025 15:39:53