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HIGH COURT OF GUJARAT
SVP
FATAJI SOMAJI – Appellant
Versus
HITESHKUMAR DASHRATHBHAI PATEL – Respondent
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 17.09.2024 passed by the learned 28th Additional Chief Judicial Magistrate, Ahmedabad City (hereinafter referred to as the “learned Trial Court”) in Criminal Case No. 3900091/2016, 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. Learned advocate Mr. Kartik Pandya for the applicant submits that the applicant has given an amount of Rs. 10 lakhs to the respondent no. 2 towards which the respondent no. 2 had issued cheque no. 636123 from his account with DCB Bank, Vejalpur Branch, Ahmedabad for Rs. 10 lakhs. The applicant has proved his financial capacity as he had earlier sold his agricultural land for Rs. 3,48,28,761/- vide a registered sale deed on 27.05.2015 and when he had deposited the cheque in his name, the same returned unpaid with the endorsement “Account Closed”. The demand statutory notice was given and the amoun
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....
The court found that the trial Court's failure to properly appreciate evidence justified granting leave to appeal against the acquittal under Section 138 of the Negotiable Instrument Act.
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.
Leave to appeal granted as trial court dismissed the case without considering the applicant's submitted documents and presence in another court.
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 trial court's failure to properly appreciate evidence warrants reconsideration of the acquittal under Section 138 of the NI Act.
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 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 importance of proper evidence evaluation in criminal cases, allowing the applicant to appeal the acquittal based on perceived misappreciation of evidence.
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