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HIGH COURT OF GUJARAT
SVP
INDRACHAND GUMANMAL NAHTA – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
1. Heard learned advocate Mr.Darsh P. Desai for the applicant and learned APP Ms. Jirga Jhaveri for the respondent – State.
2. By way of the present application, the applicant has prayed to grant leave to appeal against the judgment and order dated 07.04.2023 passed by the learned 37th Additional Chief Metropolitan Magistrate, Ahmedabad (hereinafter referred to as “the learned Trial Court”) in Criminal Case No.3500898 of 2015.
3. Learned advocate Mr.Darsh P. Desai for the applicant submits that the applicant filed criminal complaint under Section 138 of the Negotiable Instruments Act against the respondent No.2 as the applicant had given an amount of Rs.10,00,000/- to purchase the land and the amount was given by cheque No.866873 dated 01.03.2008 from his account with Central Bank of India, Bhudarpura Branch, which was deposited by the respondent No.2 in his account and it was cleared on 03.03.2008. That as the land could not be purchased by the respondent No.2, the applicant had demanded the amount of Rs.10,00,000/- from the respondent No.2, towards which, the respondent No.2 had given a cheque No.226613 dated 04.04.2009 for an amount of Rs.10,00,000/- from his account with S
The dismissal of a criminal complaint under Section 256 without considering the merits and circumstances of service evasion is improper.
The court may grant leave to appeal against acquittal if procedural delays and the efforts of the applicant to pursue the case are significant.
The court granted leave to appeal, emphasizing the importance of the applicant's diligence in prosecution despite the respondent's avoidance of service.
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 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 trial Court's dismissal of a cheque dishonor case due to non-prosecution was erroneous as it failed to appreciate the evidence, warranting leave to appeal.
Leave to appeal granted as trial court dismissed the case without considering the applicant's submitted documents and presence in another court.
The court considered the respondent's willingness to appear before the trial court in deciding the petition.
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