Amishkumar Arunbhai Nayak vs State Of Gujarat
2021 Latest Caselaw 98 Guj

          R/CR.MA/2277/2020                                 ORDER




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/CRIMINAL MISC.APPLICATION NO. 2277 of 2020
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                AMISHKUMAR ARUNBHAI NAYAK
                           Versus
                     STATE OF GUJARAT
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Appearance:
MR DAKSHESH MEHTA(2430) for the Applicant(s) No. 1
MR. RUSHANG D MEHTA(6989) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS CM SHAH, APP for the Respondent(s) No. 1
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 CORAM: HONOURABLE MS. JUSTICE BELA M. TRIVEDI
                    Date : 05/01/2021
                     ORAL ORDER

1. Learned Advocate Mr. Dakshesh Mehta appearing for the applicant seeks permission to withdraw the present application as well as the Criminal Appeal with a view to file the complaint afresh in view of the judgment of the Supreme Court in case of Yogendra Pratap Singh versus Savitri Pandey and Anr. reported in (2014) 10 SCC 713, as the trial Court has acquitted the respondent­accused for the offence punishable under Section 138 of the Negotiable Instruments Act only on the ground that the complaint was filed before the expiry of the statutory period of 15 days from the date on which the Notice was served on the accused.

2. In view of the above submission, the application is permitted to be withdrawn with liberty as prayed for. The applicant­complainant may file afresh complaint as may be permissible under law, in view of the aforesaid judgment of the Supreme Court. It is clarified that the Court has not expressed any opinion on the merits of the case. The Criminal appeal also stands dismissed as withdrawn.

(BELA M. TRIVEDI, J) SINDHU NAIR