R/CR.MA/22560/2024 ORDER DATED: 12/06/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC. APPLICATION NO. 22560 of 2024 (FOR LEAVE TO APPEAL) In F/CRIMINAL APPEAL NO. 43337 of 2024 ================================================================ KAMLESH MOHAN LALCHANDANI Versus STATE OF GUJARAT & ANR. ================================================================ Appearance: MR. ADIT V PANCHOLI(14657) for the Applicant(s) No. 1 NOTICE SERVED for the Respondent(s) No. 2 MR PRANAV DHAGAT, APP for the Respondent(s) No. 1 ================================================================ CORAM:HONOURABLE MS. JUSTICE S.V. PINTO Date : 12/06/2025 ORAL ORDER 1. Though served, the respondent No.2 has not appeared either in person or through an advocate to make submission on his behalf. 2. The present application is filed by the applicant – original complainant under Section 419(4) of the BNSS, 2023 seeking leave to file an appeal against the order dated 18.09.2024 passed by the learned Chief Judicial Magistrate, Kachchh at Gandhidham (hereinafter referred to as the “learned Trial Court”) R/CR.MA/22560/2024 ORDER DATED: 12/06/2025 in Criminal Case No. 3616 of 2017, 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 N.I. Act” for short). 3. Heard learned advocate Mr.Adit V. Pancholi for the applicant and learned APP Mr. Pranav Dhagat for the respondent No.1 – State. 4. Learned advocate Mr.Adit Pancholi for the applicant submits that the applicant and the respondent No.2 were known to each other and the respondent No.2 had demanded friendly loan of Rs.3,00,000/- in July, 2015 and the applicant had transferred the loan amount of Rs.2,67,000/- through cheque No. 103451 on 03.08.2015 from his account with Gandhidham Co-operative Bank Ltd., Adipur Branch. That as the amount was not paid by the respondent No.2, on demand, the respondent No.2 had given cheque No.119633 on 03.10.2017 from his account with Gandhidham Co-operative Bank Ltd., Adipur Branch to the applicant. The cheque was deposited by the applicant in his R/CR.MA/22560/2024 ORDER DATED: 12/06/2025 account, but the cheque returned unpaid with the endorsement “Account Closed”. The demand statutory notice was given, which was duly served to the respondent No.2 but the respondent No.2 did not send any reply to the notice nor paid the amount, and hence, the applicant filed the complaint under Section 138 of N.I.Act before the Court of Judicial Magistrate First Class, Kachchh at Gandhidham, which came to be registered as Criminal Case No. 3616 of 2017. The respondent No.2 was duly served and he appeared before the learned Trial Court and entire evidence of the applicant was taken on record. That the applicant has stepped into the witness box and proved the legally enforceable debt and had also produced a copy of statement of accounts of the respondent No.2 with the Gandhidham Cooperative Bank Ltd. at Exh.37, wherein, the amount which was transferred from the account of the applicant has been proved. Learned advocate for the applicant submits that after appreciation of the entire evidence on record, the learned trial Court was pleased to conclude that the applicant has not proved his legally enforceable debt in light of the decision in the case of Basalingappa Vs. Mudibasappa reported in 2019 0 R/CR.MA/22560/2024 ORDER DATED: 12/06/2025 AIR (SC) 1983 and has not believed that the amount was transferred from the account of the applicant and by the impugned judgment and order, was pleased to acquit the respondent No.2 from the offence under Section 138 of the N.I.Act. Learned advocate submits that the applicant has a good case on merits, and hence, the application for leave to appeal may be granted. 5. 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. 6. Considering the submissions of learned advocate for the applicant as also the paper book on record and the impugned judgment and order, prima facie, it appears that the applicant has produced all the necessary documents including a copy of the statement of the respondent No.2 which reflects that the amount has been transferred from the account of the present applicant to R/CR.MA/22560/2024 ORDER DATED: 12/06/2025 the respondent No.2 but the learned Trial Court has failed to appreciate the entire evidence in proper perspective, and hence, in the peculiar facts and circumstances of the case and in the considered opinion of this Court, the application deserves to be considered. Consequently, the application for leave to appeal is granted and disposed off accordingly. (S. V. PINTO,J) F.S.KAZI Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: KAZI FARUKHUSEN(HC01075), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 12/06/2025 17:39:44