The court emphasized the necessity for proper evaluation of evidence in cases involving acquittal under the Negotiable Instrument Act.

ORDER :

(S. V. PINTO, J.)

1. The present application is filed by the applicant – original complainant under Section 419(3) of Bharatiya Nagarik Surakhsha Sanhita, 2023 seeking leave to file an appeal against the judgement and order dated 07.10.2024 passed by the learned 3^rd Chief Judicial Magistrate, Junagadh (hereinafter referred to as the “learned Trial Court”) in Criminal Case No. 2972/2019, 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. Amit Joshi for the applicant submits that the applicant – State Cooperative Agriculture And Rural Development Bank Ltd. had given a loan to the respondent no. 2 towards the outstanding amount. The respondent no. 2 has issued cheque no. 929734 dated 21.05.2019 for Rs. 76,575/- from his account with Saurashtra Gramin Bank, Ajotha Branch. The cheque was deposited by the applicant in his bank and the same returned unpaid with the endorsement “Funds Insufficient”. The demand statutory notice was sent by RPAD which was duly served but no reply was given and hence, the applicant filed the complaint under Section 138 of the NI Act before the Chief Judicial Magistrate, Junagadh. After the respondent no. 2 had appeared and his plea was recorded, the evidence of the applicant was taken on record, wherein, the applicant produced the Letter of Authority at Exh. 48 and all the other documents and the applicant was examined at Exh. 42. The learned Trial Court, after appreciating the evidence, came to a conclusion that the applicant did not had the authority to give the notice and solely on that ground, has passed the impugned judgement and order of acquittal. Learned advocate submits that the learned Trial Court has erroneously concluded and acquitted the respondent no. 2 where in fact, the evidence proved that the offence under Section 138 of the NI Act is proved. That the applicant has a good case on merits and learned advocate urges this Court to allow the leave to appeal.

3. Learned APP Ms. Dhwani Tripathi 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.

4. Considering the submissions of learned advocate for the applicant as also the Letter of Authority produced on record at Exh. 48, prima facie it appears that the learned Trial Court has not properly appreciated the documents produced on record and the issue requires consideration.

5. 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.