Gujarat High Court
M/S Harshvardhan Finance Through ... vs Mukeshkumar B. Chandaliya on 14 March, 2023
Bench: A.Y. Kogje
R/CR.MA/11117/2022 ORDER DATED: 14/03/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 11117 of 2022
In R/CRIMINAL APPEAL NO. 1190 of 2022
With
R/CRIMINAL MISC.APPLICATION NO. 11135 of 2022
In
CRIMINAL APPEAL NO. 1193 of 2022
With
R/CRIMINAL MISC.APPLICATION NO. 11152 of 2022
In
CRIMINAL APPEAL NO. 1194 of 2022
With
R/CRIMINAL MISC.APPLICATION NO. 11162 of 2022
In
CRIMINAL APPEAL NO. 1196 of 2022
With
R/CRIMINAL MISC.APPLICATION NO. 11307 of 2022
In
CRIMINAL APPEAL NO. 1211 of 2022
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M/s HARSHVARDHAN FINANCE THROUGH CHATRASINH GAMBHIRSINH
CHUDASAMA
Versus
MUKESHKUMAR B. CHANDALIYA
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Appearance:
JAIVIK UDAY BHATT(7319) for the Applicant(s) No. 1
MR UDAY H BHATT(6457) for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 1
CR.MA NO.11117 of 2022
CR.MA NO.11152 of 2022
CR.MA NO.11307 of 2022 MS.ASMITA Patel for the Respondent(s) No. 2
CR.MA NO.11135 of 2022 MR.H.K.Patel for the Respondent(s) No. 2
CR.MA NO.11162 of 2022 MS JIRGA JHAVERI for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
Date : 14/03/2023
Page 1 of 3
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R/CR.MA/11117/2022 ORDER DATED: 14/03/2023
ORAL ORDER
1. The applications are filed for grant of Leave to Appeals
against the acquittal recorded by the 5 th Additional Chief Judicial
Magistrate, Jamnagar vide order dated 27.01.2022 passed in
Criminal Case No.6662 of 2017, Criminal Case No.6664 of 2017,
Criminal Case No.6661 of 2017, Criminal Case No.7647 of 2017
& Criminal Case No.6663 of 2017, respectively.
2. By the aforesaid judgment and order, the respondent no.1
was acquitted from the offence under Section 138 of the
Negotiable Instruments Act.
3. This Court, vide order dated 12.07.2022 has issued notice
to the respondents and record indicates that though served, no
one has appeared on behalf of respondent no.1.
4. Learned advocate for the applicant has submitted that the
Court has committed an error in acquitting the respondent only
on the ground that the complaint is not filed within the time
specified under the provisions of Section 138 of the Negotiable
Instrument Acts.
5. Learned advocate for the applicant has taken this Court
through the relevant paragraphs of the judgment to indicate that
the Court has committed an error in concluding that the
complaint was required to be filed within the period of 30 days of
the knowledge of receipt of statutory demand notice, however,
the Court has completely ignored the provision under Section
138(c) of the Negotiable Instruments Act which provides for a
period of 15 days by which the noticee can make the payment as
R/CR.MA/11117/2022 ORDER DATED: 14/03/2023
per the statutory demand notice.
6. The Court has taken into consideration particularly, what
is held in paragraph no.14 of the impugned judgment and finds
that a clear error is committed by disregarding the period which
is prescribed under Section 138(c) of the Negotiable Instruments
Act and straight way concluding that the complaint is beyond
the prescribed period as the applicant has not filed the
complaint within a period of 30 days of his knowledge regarding
the receipt of the demand notice by the respondent-accused.
7. In view of aforesaid, the Court finds sufficient reason to
allow the present applications. Therefore, present applications
for grant of Leave to Appeal are allowed.
(A.Y. KOGJE, J)
GIRISH
