The court emphasized the necessity for proper appreciation of evidence and documents in cases involving cheque dishonor under Section 138 of the NI Act.

ORDER :

(S. V. PINTO, J.) 

1. The present application is filed by the applicant – original complainant under Section 419 of Bharatiya Nagarik Surakhsha Sanhita, 2023 seeking leave to file an appeal against the judgement and order dated 12.12.2024 passed by the learned Judicial Magistrate First Class, Balasinor, District Mahisagar (hereinafter referred to as the “learned Trial Court”) in Criminal Case No. 1147/2022, 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. Altaf Charkha for the applicant submits that the applicant and the respondent no. 2 had business transactions and the respondent no. 2 used to purchase aluminum from the applicant. When the accounts were drawn, an amount of Rs. 12,46,446.62/- was outstanding towards which cheque no. 000060 dated 18.05.2022 for Rs. 11 lakhs from the account of the respondent no. 2 with HDFC Bank, Chandlodiya Branch, Ahmedabad was given. The cheque was deposited by the applicant in his account with State Bank of India, Balasinor Branch but the cheque returned unpaid with the endorsement “Insufficient Funds”. The demand statutory notice was given for which an evasive reply was given and the amount was not paid and hence, the applicant filed the complaint under Section 138 of the NI Act before the learned Chief Judicial Magistrate, Balasinor. The respondents have appeared and after the evidence of the applicant was taken on record, the learned Trial Court was pleased to passed the impugned judgement and order of acquittal. Learned advocate submits that the applicant had produced the ledger account of the respondent with the applicant at Exh. 18 which clearly shows that the amount of Rs. 12,46,446.62/- was outstanding and even in the reply to the notice produced at Exh. 17, there is an admission about the business transactions between the parties. Learned advocate submits that the learned Trial Court has not appreciated the documents in proper perspective and has not appreciated that the cheque was given towards the legally enforceable due. Learned advocate submits that the applicant has a good case on merits and the application for leave to appeal may be granted.

3. Learned APP Ms. Jirga Jhaveri 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 and on perusal of the paper book on record and the judgement and order of acquittal, prima facie, it appears that the documents have not been appreciated in proper perspective. The learned Trial Court has not considered the documents produced at Exhs. 17 and 18 and the application 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.