Arunbhai Dahyabhai Nayak vs State Of Gujarat

                                                                                       NEUTRAL CITATION




     R/CR.MA/17902/2023                                  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. 17902
                          of 2023

                    In R/CRIMINAL APPEAL NO. 2286 of 2023

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                           ARUNBHAI DAHYABHAI NAYAK
                                     Versus
                               STATE OF GUJARAT
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Appearance:
MR MANAN A SHAH(5412) for the Applicant(s) No. 1
NIDHI MANAN SHAH(9033) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS DIVYANGNA P JHALA, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER

                                Date : 06/10/2023

                                    ORAL ORDER

Order in Criminal Misc. Application:

1. This is an application 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 Special Judge, N.I.Act, Surat, dated 06.07.2023 in Criminal Case No. 51400 of 2018.

2. Heard, learned advocates appearing for respective parties and perused the impugned Page 1 of 3 Downloaded on : Sat Oct 07 20:46:18 IST 2023 NEUTRAL CITATION R/CR.MA/17902/2023 ORDER DATED: 06/10/2023 undefined judgment and order of the trial Court.

3. Learned advocate Mr. Shah submits that while passing judgment and order of acquittal, learned trial Court has committed grave error as the observation made by the learned trial Court is debt is time barred debt. It is observed by the learned trial Court that Promissory Note which was of dated 15.10.2014 and for that cheque was issued on 28.08.2018 i.e. after three years and 10 months which is time barred under the Limitation Act, 1963.

3.1 Learned advocate Mr. Shah 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.

3.2 Learned advocate Mr. Shah further relies on Section 18 of the Limitation Act and Section 25 of the Contract Act, 1872 and submits that fresh limitation period would start from the time when the acknowledgment so singed by the accused.

NEUTRAL CITATION R/CR.MA/17902/2023 ORDER DATED: 06/10/2023 undefined

4. In view of above submission, the present application for leave to appeal is granted.

Order in Criminal Appeal:

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) NABILA Page 3 of 3 Downloaded on : Sat Oct 07 20:46:18 IST 2023