R/CR.MA/25242/2024 ORDER DATED: 12/06/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC. APPLICATION NO. 25242 of 2024 (FOR LEAVE TO APPEAL) In F/CRIMINAL APPEAL NO. 48279 of 2024 ========================================================== VIRAL DEVENDRAPRASAD VAISHNAV (JAIN) Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR SMIT P VAGHELA(10653) for the Applicant(s) No. 1 MR. NAGARBHAI G PARMAR(9816) for the Applicant(s) No. 1 MR P S DATTA(11324) 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. 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 04.10.2024 passed by the learned 2nd Additional Sessions Judge, Kachchh at Anjar (hereinafter referred to as the “learned Trial Court”) in Criminal Appeal No. 23 of 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 N.I.Act” for short) by quashing and setting aside the R/CR.MA/25242/2024 ORDER DATED: 12/06/2025 judgment and order dated 17.07.2023 passed in Criminal Case No. 792 of 2022 passed by the learned Additional Chief Judicial Magistrate, Kachchha @ Anjar convicting the present applicant. 2. Heard learned advocate Mr.Nagarbhai G. Parmar for the applicant and learned APP Mr.Pranav Dhagat for the respondent No.1 – State and learned advocate Mr.P.S.Datta for the respondent No.2. 3. Learned advocate Mr.Nagarbhai Parmar for the applicant submits that the applicant had filed a criminal complaint under Section 138 fo the N.I.Act against the respondent No.2 before the court of Chief Judicial Magistrate, Kachchh at Anjar, which was registered as Criminal Case No. 792 of 2022 and after the evidence of the parties were taken on record, the learned Additional Chief Judicial Magistrate, Kachchh at Anjar was pleased to convict the respondent No.2 and sentence the respondent No.2 to simple imprisonment for one year and fine of Rs.13,38,345, which was to be paid as compensation to the applicant within a period of 60 days, and in default, simple imprisonment for one year. The said judgment and order passed R/CR.MA/25242/2024 ORDER DATED: 12/06/2025 by the learned Additional Chief Judicial Magistrate, Kachchh @ Anjar was challenged by the respondent No.2 before the Sessions Court, Kachchh @ Anjar by filing Criminal Appeal No. 23 of 2023. After the arguments of the parties were heard, the learned 2nd Additional Sessions Judge, Kachchh @ Anjar was pleased to set aside the judgment and order of conviction and was pleased to acquit the respondent No.2 from the offence under Section 138 of the N.I.Act by a judgment and order dated 04.10.2024. Learned advocate for the applicant submits that both the Courts below have appreciated the same set of evidence in different manners and therefore, he has urged this Court to allow the present application. 4. Learned APP Mr. Pranav Dhagat for the respondent State and learned advocate Mr.P.S.Datta for the respondent No.2 have jointly submitted that considering the papers available on record, appropriate orders may be passed. 5. Considering the submissions of learned advocate for the applicants and the material available on record, it appears that both the Courts below have appreciated the same set of evidence R/CR.MA/25242/2024 ORDER DATED: 12/06/2025 in different manners and hence, the present 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 17:44:45