NEUTRAL CITATION
R/CR.MA/3644/2021 ORDER DATED: 06/10/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 3644 of
2021
With
R/CRIMINAL APPEAL NO. 2289 of 2023
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JIGNESHBHAI JAYESHBHAI PATEL
Versus
STATE OF GUJARAT
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Appearance:
LD.SR.ADV.MR.B.S.PATEL WITH MR.AMIT R JOSHI(6682) for the
Applicant(s) No. 1
MR.DARSHAN A. DAVE(7921) for the Respondent(s) No. 2
MS DIVYANGNA JHALA, ADDL.PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 06/10/2023
ORAL ORDER
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 3644 of 2021
1. This is an application preferred by the applicant-original complainant under Section 378 (4) of the Code of Criminal Procedure, 1973, seeking leave of this Court to present an appeal against the judgment and order of acquittal, passed by the learned 17th Additional Chief Judicial Magistrate, Vadodara dated 29.01.2020 in Criminal Case No.37903 of 2016.
2. Learned senior advocate Mr.Bharat Patel submits that the learned trial Court had committed grave error in acquitting the accused on the ground of time barred debt. In fact, while giving the cheque the acknowledgment was given by the accused with regard to the debt even addition to that the Samjuti Karar i.e. Memorandum of Understanding was also Page 1 of 2 Downloaded on : Sat Oct 07 20:46:23 IST 2023 NEUTRAL CITATION R/CR.MA/3644/2021 ORDER DATED: 06/10/2023 undefined executed in the year 2016.
2.1 Learned senior advocate Mr.Patel further submits that in fact when the cheque was issued to the complainant for paying of the debt of 2014, the same would be acknowledged to the debt and upon it's dishonor would make drawer liable to be proceeded under Section 138 of the Negotiable Instruments Act, 1981.
2.2 Learned senior advocate Mr.Patel further relies on Section 18 of the Limitation Act and submits that fresh limitation period would start from the time when the acknowledgment so singed by the accused.
3. In view of above submissions, the present application is allowed. Leave to appeal, as prayed for, is granted. R/CRIMINAL APPEAL NO. 2289 of 2023
1. The appeal is admitted. Learned APP waives service of notice of admission on behalf of respondent - State.
2. Issue Bailable Warrant in the sum of Rs.5,000/- (Rupees Five Thousand Only) against the respondent-original accused.
3. Record and Proceedings be called for.
(M. K. THAKKER,J) M.M.MIRZA Page 2 of 2 Downloaded on : Sat Oct 07 20:46:23 IST 2023