The court emphasized the importance of proper evidence evaluation in criminal cases, allowing the applicant to appeal the acquittal based on perceived misappreciation of evidence.

ORDER :

S.V. PINTO, J.

1. The present application is filed by the applicant – original complainant under Section 378(4) of Code of Criminal Procedure, 1973 seeking leave to file an appeal against the judgement and order dated 23.02.2024 passed by the learned 3^rd Additional District and Sessions Judge, Navsari in Criminal Appeal No. 19/2019, whereby, the learned Sessions 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. Minhaj Shaikh for the applicant and learned APP Ms. Jirga Jhaveri for the respondent State.

3. Learned advocate Mr. Minhaj Shaikh for the applicant submits that the applicant and the respondent no. 2 had financial dealings and towards the settlement for the same, the cheque in question was given by the respondent no. 2 which was returned unpaid and after that the demand statutory notice was given. The respondent no. 2 did not pay the amount and hence, the criminal complaint was filed before the Court of learned Additional Chief Judicial Magistrate, Gandevi. The learned Additional Chief Judicial Magistrate, Gandevi was pleased to convict the respondent no. 2 and sentenced him to simple imprisonment of one year and fine of Rs. 9,25,000/- which was to be given to the applicant under Section 357 of the Code of Criminal Procedure, 1973 within a period of one month.

3.1 Being aggrieved by the same, the respondent no. 2 filed Criminal Appeal No. 19 of 2019 before the Sessions Court, Navsari and the learned Sessions Court was pleased to allow the appeal and acquitted the respondent no. 2 by an order dated 23.02.2024. Learned advocate submits that both the Courts have appreciated the same set of evidence and the presumption ought to have been drawn in favour of the applicant by the learned Sessions Court but the learned Sessions Court has not appreciated the entire evidence in true perspective. The applicant has a good case on merits and the leave to appeal may be granted.

4. Learned APP Ms. Jirga Jhaveri for the respondent State has submitted that the learned Sessions 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 arguments of learned advocate Mr. Minhaj Shaikh for the applicant as also the impugned judgements and orders, it appears that both the Courts have appreciated the same set of evidence in different manner and the issue requires consideration.

6. 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 for leave to appeal is granted and disposed off accordingly.