Gurpritsingh Harneksingh ... vs Minaben Ashwinbhai Patel
2023 Latest Caselaw 7403 Guj

                                                                                           NEUTRAL CITATION




      R/CR.MA/14911/2022                                     ORDER DATED: 06/10/2023

                                                                                            undefined




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 14911
                            of 2022
             In R/CRIMINAL APPEAL NO. 1601 of 2022
                             With
               R/CRIMINAL APPEAL NO. 1601 of 2022
==========================================================
                   GURPRITSINGH HARNEKSINGH DHALIVALA
                                 Versus
                       MINABEN ASHWINBHAI PATEL
==========================================================
Appearance:
A S TIMBALIA(7372) for the Applicant(s) No. 1
MR PRITESHKUMAR A VAGHELA(10078) for the Applicant(s) No. 1
MR MOHDDANISH M BAREJIA(10612) for the Respondent(s) No. 1
MR BHARGAV PANDYA, ADDL.PUBLIC PROSECUTOR for the
Respondent(s) No. 2
==========================================================
 CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
                  Date : 06/10/2023
                   ORAL ORDER

R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 14911 of 2022

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 Chief Judicial Magistrate, Vadodara dated

10.05.2022 in Criminal Case No.9630 of 2020.

2. Learned advocate Mr.A.S.Timbalia for the applicant

submits that judgment and order of acquittal passed by the

learned trial Court on the ground that the notice was issued

one day late and as per Section 138 of the Negotiable

Instruments Act, 1881, the notice which is required to be

issued within a period of 30 th days was issued on 31st day.

NEUTRAL CITATION

R/CR.MA/14911/2022 ORDER DATED: 06/10/2023

undefined

Learned advocate Mr.Timbalia relies on Section 9 of the

General Clauses Act wherein it is provided that "for the

purpose of excluding the first in a series of days or any other

period of time, to use the word "from", and, for the purpose of

including the last in a series of days or any other period of

time to be used to."

2.1 Referring the aforesaid Act learned advocate Mr.Timbalia

submits that if first day is to be excluded and if that is to be

done then this notice is within the limitation.

3. In view of above, this Court finds some force in the

submissions and therefore deems it fit to allow the application

for leave to appeal. Hence, this application is allowed.

R/CRIMINAL APPEAL NO. 1601 of 2022

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.

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