NEUTRAL CITATION
R/CR.MA/14911/2022 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. 14911
of 2022
In R/CRIMINAL APPEAL NO. 1601 of 2022
With
R/CRIMINAL APPEAL NO. 1601 of 2022
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GURPRITSINGH HARNEKSINGH DHALIVALA
Versus
MINABEN ASHWINBHAI PATEL
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Appearance:
A S TIMBALIA(7372) for the Applicant(s) No. 1
MR PRITESHKUMAR A VAGHELA(10078) for the Applicant(s) No. 1
MR MOHDDANISH M BAREJIA(10612) for the Respondent(s) No. 1
MR BHARGAV PANDYA, ADDL.PUBLIC PROSECUTOR for the
Respondent(s) No. 2
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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. 14911 of 2022
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 Chief Judicial Magistrate, Vadodara dated 10.05.2022 in Criminal Case No.9630 of 2020.
2. Learned advocate Mr.A.S.Timbalia for the applicant submits that judgment and order of acquittal passed by the learned trial Court on the ground that the notice was issued one day late and as per Section 138 of the Negotiable Instruments Act, 1881, the notice which is required to be issued within a period of 30 th days was issued on 31st day. Page 1 of 2 Downloaded on : Fri Oct 06 20:53:54 IST 2023
NEUTRAL CITATION R/CR.MA/14911/2022 ORDER DATED: 06/10/2023 undefined Learned advocate Mr.Timbalia relies on Section 9 of the General Clauses Act wherein it is provided that "for the purpose of excluding the first in a series of days or any other period of time, to use the word "from", and, for the purpose of including the last in a series of days or any other period of time to be used to."
2.1 Referring the aforesaid Act learned advocate Mr.Timbalia submits that if first day is to be excluded and if that is to be done then this notice is within the limitation.
3. In view of above, this Court finds some force in the submissions and therefore deems it fit to allow the application for leave to appeal. Hence, this application is allowed. R/CRIMINAL APPEAL NO. 1601 of 2022
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.
(M. K. THAKKER,J) M.M.MIRZA Page 2 of 2 Downloaded on : Fri Oct 06 20:53:54 IST 2023