Gujarat High Court
Jayawantkumar Hariprasad Joshi vs State Of Gujarat on 20 December, 2021
Bench: Ashokkumar C. Joshi
R/CR.MA/19920/2021 ORDER DATED: 20/12/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 19920 of 2021
In R/CRIMINAL APPEAL NO. 1654 of 2021
With
R/CRIMINAL APPEAL NO. 1654 of 2021
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JAYAWANTKUMAR HARIPRASAD JOSHI
Versus
STATE OF GUJARAT
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Appearance:
MR PB SHAH(5812) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3
MS. MONALI BHATT, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI
Date : 20/12/2021
ORAL ORDER
Order in Criminal Misc. Application No. 19920 of 2021
1. Rule. Learned APP Ms. Monali Bhatt appears and waives
service of notice of Rule on behalf of the respondent - State.
2. The present Criminal Miscellaneous Application is filed by the
applicant under Section 378(4) of the Code of Criminal Procedure
seeking leave to appeal challenging the impugned judgment and
order dated 14.06.2021 passed in Criminal Case No. 50671 of 2013
by the learned 17th Additional Senior Civil Judge and Additional Chief
Judicial Magistrate, Vadodara recording the acquittal under the
Negotiable Instruments Act.
3. Heard learned advocate Mr. P.B. Shah for the applicant.
4. According to his submission, an order of acquittal is recorded
under the wrong pretext that cheques have been issued against
time barred debt. He further submitted that issuance of cheque
itself is a proof of acknowledgment of debt and it is an
acknowledgment of debt which would extend time of limitation. He
has further submitted that limitation to file a suit for the purpose of
recovery of the amount lent, it could be said to be a time barred
debt but not for the purpose of realizing the same for filing of the
R/CR.MA/19920/2021 ORDER DATED: 20/12/2021
complaint for an offence under Section 138 of the Negotiable
Instruments Act, 1881 (hereinafter referred to as 'the Act'). When
the cheque is issued by the accused even beyond the period of
limitation towards the debt, at any rate according to his submission,
for prosecution under Section 138 of the Act, when the accused
issues cheque, he acknowledges the debt by payment thereof
through cheque and therefore, it can never be said that it is a time
barred debt, still it remains legally enforceable.
5. Perused the judgment and order dated 14.06.2021 passed in
Criminal Case No. 50671 of 2013 by the learned 17 th Additional
Senior Civil Judge and Additional Chief Judicial Magistrate, Vadodara
and considering the averments made in the application and
considering the submissions made by the learned advocate for the
appellant, the matter requires consideration. Therefore, the leave to
appeal as prayed for deserves to be granted and the present
Criminal Misc. Application stands allowed and disposed of
accordingly. Rule is made absolute.
Order in Criminal Appeal No. 1654 of 2021
1. This appeal is admitted. Learned APP Ms. Monali Bhatt waives
service of notice of admission for the respondent - State.
2. Issue Bailable Warrant in the sum of Rs.10,000/- (each)
against the respondent Nos. 2 and 3 - original accused.
(A. C. JOSHI,J)
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