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HIGH COURT OF GUJARAT
SVP
CHANDRAKANT SOMABHAI SOLANKI – Appellant
Versus
RAMESHBHAI PRAJAPATI PROP./AUTHORISED SIGNATORY OF AARTI FASHION – Respondent
ORDER :
(S. V. PINTO, J.)
1. The present application is filed by the applicant – original complainant under Section 419(4) of Bharatiya Nagarik Surakhsha Sanhita, 2023 seeking leave to file an appeal against the judgement and order dated 04.12.2024 passed by the learned 18th Chief Judicial Magistrate, NI Act Court No. 34, Ahmedabad City, (hereinafter referred to as the “learned Trial Court”) in Criminal Case No. 19796/2021, 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).
2. Heard learned advocate Mr. Manish Patel for the applicant and learned APP for the respondent State. When the matter is called out, learned advocate Mr. Arvind Gour for the respondent no. 1 is not present.
3. Learned advocate Mr. Manish Patel for the applicant submits that as per the case of the applicant, the applicant and the respondent no. 1 had financial transactions and on 23.12.2020, an amount of Rs. 5 lakhs was outstanding towards which the cheque no. 000297 dated 28.12.2020 for an amount of Rs. 5 lakhs on the account of respondent no. 1 with Andhra Bank, Ranip Branch, Ahme
The interpretation of Section 56 of the Negotiable Instrument Act must be correctly applied to determine the enforceability of a cheque, especially in light of prior payments.
The court emphasized the necessity for proper appreciation of evidence and documents in cases involving cheque dishonor under Section 138 of the NI Act.
The court emphasized the necessity for proper evaluation of evidence in cases involving acquittal under the Negotiable Instrument Act.
The court found that the Trial Court misapprehended the limitation issue regarding the debt, which was within the legally enforceable period, warranting the granting of leave to appeal.
The trial court's failure to properly appreciate evidence warrants reconsideration of the acquittal under Section 138 of the NI Act.
The court emphasized the necessity for the Trial Court to properly appreciate all evidence and documents, leading to the granting of leave to appeal against acquittal under Section 378(4) of the Code....
Differing evaluations of evidence by trial and appellate courts necessitate a review, justifying the granting of leave to appeal.
The statutory presumption under Section 139 of the Negotiable Instruments Act must be applied in favor of the holder in due course unless effectively rebutted by the accused.
The presumption under Section 139 of the Negotiable Instruments Act must be drawn in favor of the holder unless rebutted, and misinterpretation of evidence by the Trial Court can lead to a successful....
The presumption under Section 139 of the Negotiable Instruments Act must be drawn in favor of the holder of the cheque, and misinterpretation of evidence by the Trial Court warrants leave to appeal.
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