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2025 Supreme(GUJ) 931
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 16999 of 2023 In F/CRIMINAL APPEAL NO. 34366 of 2023 ==========================================================
S.R.CORPORATION THRO SUNILSING D. RAJPUT Versus STATE OF GUJARAT & ANR.
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Appearance:
MR. SURAJ A SHUKLA(7185) for the Applicant(s) No. 1 MR ZUBIN F BHARDA(159) for the Respondent(s) No. 2 MS. JIRGA JHAVERI, APP for the Respondent(s) No. 1 ==========================================================
CORAM: HONOURABLE MS. JUSTICE S.V. PINTO Date : 21/03/2025
Important Points
Subject
Criminal Law - Negotiable Instruments
Headnote
(B) Appeal - Scope of review - The court noted that the differing appreciation of evidence by the trial and appellate courts necessitated a review of the case, indicating that the application for leave to appeal deserved consideration. (Paras 5-7)
Facts of the case:
The applicant filed a complaint under Section 138 of the NI Act, leading to the respondent's conviction by the trial court, which was later overturned by the Sessions Court.
Findings of Court:
The court found that the differing evaluations of evidence by the trial and appellate courts justified granting leave to appeal.
Issues: The main issue was whether the Sessions Court properly appreciated the evidence leading to the acquittal of the respondent.
Ratio Decidendi: The court emphasized that differing interpretations of the same evidence by two courts necessitate a review, thus granting leave to appeal.
Result: Application for leave to appeal granted.
ORDER :
1. The present application is filed by the applicant seeking leave to appeal against the judgment and order dated 08.08.2023 passed by the learned 13th Additional District & Sessions Judge, Surat in Criminal Appeal No. 595 of 2022, whereby the learned Trial Court acquitted the respondent No.2 from the offence under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the ‘NI Act’).
2. Heard learned advocate Mr. Rashesh Patel for learned advocate Mr. Suraj A. Shukla, for the applicant, learned advocate Ms. Madhavi Solanki for learned advocate Mr. Zubin F. Bharda for the respondent No. 2 and learned APP Ms. Dhwani Tripathi for the respondent No.1 – State.
3. Learned advocate Mr. Rashesh Patel for the applicant submits that the applicant had filed the complaint under Section 138 of the NI Act for the learned Chief Judicial Magistrate, Surat and by order dated 20.09.2022, the learned 12th Additional Chief Judicial Magistrate, Surat was pleased to convict the respondent No. 2 and sentence him to simple imprisonment of one year and to pay the amount of cheque with 9% interest to the applicant and in default simple imprisonment of six months.
4. Being aggrieved by the judgment and order of conviction, the respondent No. 2 had filed Criminal Appeal No. 595 of 2022 before the Sessions Court, Surat and after hearing of both the learned advocates, learned 13th Additional District & Sessions Judge, Surat was pleased to allow the appeal and set aside the judgment and order of conviction and acquit the respondent No. 2.
5. Learned advocate for the applicant further submits that the judgment and order of conviction passed by the learned trial Court was after appreciating all the evidence on record and the applicant had proved that legally enforceable debt was due from the respondent No. 2, towards which the cheque in question was issued but the learned Sessions Court, Surat has not appreciated the evidence in proper perspective. Learned advocate for the applicant submits that the applicant has good case on merits and urges this Court to allow the application for leave to appeal.
6. Learned APP Ms. Jhaveri for the respondent No.1 - State and learned advocate Ms. Madhavi Solanki appearing for the respondent No. 2 jointly submit that learned trial Court has appreciated all the evidence and no interference is required and hence the application may be rejected.
7. Considering the submissions of the learned advocate for the applicant and on perusal of the judgment and order of the learned trial Court passed in Criminal Case No. 19011 of 2019 and the impugned judgment and order passed of 13th Additional District & Sessions Judge, Surat passed in Criminal Appeal No. 595 of 2022, prima-facie, it appears that both the Courts have appreciated the same set of evidence in different manner and hence, the issue requires consideration and the application for leave to appeal deserves consideration. Consequently, the application for leave to appeal is granted.
