Jigneshbhai Jayeshbhai Patel vs State Of Gujarat
2023 Latest Caselaw 7398 Guj

                                                                                NEUTRAL CITATION




     R/CR.MA/3644/2021                            ORDER DATED: 06/10/2023

                                                                                 undefined




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 3644 of
                            2021
                            With
              R/CRIMINAL APPEAL NO. 2289 of 2023
==========================================================
                         JIGNESHBHAI JAYESHBHAI PATEL
                                     Versus
                               STATE OF GUJARAT
==========================================================
Appearance:
LD.SR.ADV.MR.B.S.PATEL WITH MR.AMIT R JOSHI(6682) for the
Applicant(s) No. 1
MR.DARSHAN A. DAVE(7921) for the Respondent(s) No. 2
MS DIVYANGNA JHALA, ADDL.PUBLIC PROSECUTOR for the
Respondent(s) No. 1
==========================================================
 CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
                  Date : 06/10/2023
                   ORAL ORDER

R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 3644 of

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 17th Additional Chief Judicial Magistrate, Vadodara

dated 29.01.2020 in Criminal Case No.37903 of 2016.

2. Learned senior advocate Mr.Bharat Patel submits that the

learned trial Court had committed grave error in acquitting the

accused on the ground of time barred debt. In fact, while

giving the cheque the acknowledgment was given by the

accused with regard to the debt even addition to that the

Samjuti Karar i.e. Memorandum of Understanding was also

NEUTRAL CITATION

R/CR.MA/3644/2021 ORDER DATED: 06/10/2023

undefined

executed in the year 2016.

2.1 Learned senior advocate Mr.Patel further submits that in

fact when the cheque was issued to the complainant for paying

of the debt of 2014, the same would be acknowledged to the

debt and upon it's dishonor would make drawer liable to be

proceeded under Section 138 of the Negotiable Instruments

Act, 1981.

2.2 Learned senior advocate Mr.Patel further relies on

Section 18 of the Limitation Act and submits that fresh

limitation period would start from the time when the

acknowledgment so singed by the accused.

3. In view of above submissions, the present application is

allowed. Leave to appeal, as prayed for, is granted.

R/CRIMINAL APPEAL NO. 2289 of 2023

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.

3. Record and Proceedings be called for.

(M. K. THAKKER,J) M.M.MIRZA