Arvindbhai Gordhanbhai Bhuva vs State Of Gujarat
2023 Latest Caselaw 5196 Guj

   R/CR.MA/11666/2023                        ORDER DATED: 05/07/2023




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/CRIMINAL MISC.APPLICATION NO. 11666 of 2023
             In R/CRIMINAL APPEAL NO. 1586 of 2023
                             With
              R/CRIMINAL APPEAL NO. 1586 of 2023
==========================================================
                   ARVINDBHAI GORDHANBHAI BHUVA
                               Versus
                         STATE OF GUJARAT
==========================================================
Appearance:
MR VIRAL V DAVE(3846) for the Applicant(s) No. 1
for the Respondent(s) No. 2
Mr. Hardik Mehta, Addl. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
==========================================================
 CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
                  Date : 05/07/2023
                    ORAL ORDER

1.0. Heard Mr. Viral Dave, learned advocate for the applicant- original complainant. This application is filed seeking leave to appeal under Section 378(4) of the Code of Criminal Procedure inter alia seeking special leave against the impugned judgment and order dated 19.5.2023 passed by the learned 12 th Additional Senior Civil Judge & Additional Chief Judicial Magistrate, Surat in Criminal Case No.1508 of 2022. By the said judgment and order, the learned Magistrate has recorded acquittal of the respondent no.2 - original accused for the offence punishable under Section 138 of the Negotiable Instruments Act.

2.0. One of the aspect which is taken into consideration by the learned Magistrate is the issue of legally enforceable debt by noticing time barred debt. Mr. Dave, has submitted that the learned Magistrate has failed to take into consideration the fact

R/CR.MA/11666/2023 ORDER DATED: 05/07/2023

that the last transaction which had taken place between the parties was on 15.12.2019 whereby the amount of Rs.1,50,000/- was given as hand loan to the respondent accused. He therefore, submitted that period of three years would expire on 25.12.2022. He further submitted that respondent accused had repaid the same amount during the interregnum period and the outstanding amount to be repaid by the respondent-accused was to the tune of Rs.8,18,300/-. It is against the aforesaid outstanding amount, the disputed cheque was given by the respondent on 1.12.2021. He further submitted that the complaint was presented for default of such cheque on 11.1.2022. He, therefore, urge this Court to grant application for leave to appeal.

2. Considering the explanation offered by the learned advocate for the applicant, prima facie, the Court finds that the matter requires consideration. Hence, the present application is allowed and Leave to Appeal, as prayed for, is hereby granted.

Order in Criminal Appeal:

Admit. Appeal is expedited. Learned Additional Public Prosecutor waives service of admission on behalf of respondent State. Issue bailable warrant in sum of Rs.10,000/-against the respondent no.2. Registry is directed to call for the Record and Proceedings of the case from the concerned Court.

(NISHA M. THAKORE,J) KAUSHIK J. RATHOD