Authority: High Court of Gujarat at Ahmedabad

Order Date: 29/10/2026

Case Overview

  • Parties: Applicant – proprietary firm “Kashish” (represented by POA holder Mr. Anil Haresh Jaisinghani) vs. State of Gujarat and respondents including Sharmili Boutique (accused no. 1) and Mr. Ravi Selani (accused no. 2).
  • Background: Between 01‑08‑2018 and 28‑09‑2018 Kashish supplied goods worth Rs 5,69,024 to the accused under seven invoices. The accused issued two HDFC Bank cheques (No. 001123 dated 14‑08‑2019 for Rs 2,50,000 and No. 001120 dated 19‑08‑2019 for Rs 3,00,000) which were returned unpaid on 17‑08‑2019 and 21‑08‑2019 respectively.
  • Complaint: Kashish served a statutory demand on 11‑09‑2019; notices were sent to both accused. The complaint under Sections 138 and 142 of the Negotiable Instruments Act was filed as Criminal Case No. 32103/2019 before the Chief Judicial Magistrate.
  • Trial Court: On 19‑09‑2022 the Chief Judicial Magistrate found the accused guilty under Section 138, sentenced respondent no. 3 to one year simple imprisonment and ordered payment of Rs 5,50,000 under Section 357 CrPC, with a further three‑month imprisonment for default.
  • Appeal: The accused filed Criminal Appeal No. 359/2022 before the 10th Additional Sessions Judge, Vadodara. On 16‑12‑2023 the Sessions Court set aside the conviction and acquitted the accused.
  • Arguments before High Court: Applicant’s counsel argued that the evidence of goods supplied and cheques issued was clear and that the Sessions Court had mis‑appreciated the material. Respondents contended that the Sessions Court correctly applied law and that leave should be denied.

Final Outcome

The High Court, after considering the divergent appreciation of identical evidence by the two lower courts, granted leave to appeal the Sessions Court’s acquittal. The order is made absolute.

Topics: Legal Appeal; Negotiable Instruments