Pravinbhai Babulal Patel vs Ranchhodbhai Ambalal Patel
2024 Latest Caselaw 477 Guj

Gujarat High Court

Pravinbhai Babulal Patel vs Ranchhodbhai Ambalal Patel on 18 January, 2024

                                                                                         NEUTRAL CITATION




   R/CR.MA/15727/2022                                      ORDER DATED: 18/01/2024

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        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 15727
                            of 2022
             In R/CRIMINAL APPEAL NO. 1682 of 2022

                                  With
                    R/CRIMINAL APPEAL NO. 1682 of 2022
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                          PRAVINBHAI BABULAL PATEL
                                   Versus
                        RANCHHODBHAI AMBALAL PATEL
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Appearance:
MR AMIT P PATEL(3498) for the Applicant(s) No. 1
MR SHAUNAK R DAVE(5487) for the Respondent(s) No. 1
MS MONALI BHATT, ADDL.PUBLIC PROSECUTOR for the Respondent(s)
No. 2
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 CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER

                               Date : 18/01/2024

                                   ORAL ORDER

ORDER IN R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 15727 of 2022

1. Learned advocate Mr.Amit Patel submits that the

judgment and order of the acquittal was passed only on

the ground that the debt is time barred. Learned

advocate Mr.Patel has drawn the attention of this Court

with regard to the observation made by the learned trial

Court in the judgment wherein it is observed that the

transaction was carried out in the year 2013 and at that

point of time, the cheque was given, but the validity

NEUTRAL CITATION

R/CR.MA/15727/2022 ORDER DATED: 18/01/2024

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period of the said cheque was over therefore, the fresh

cheque was taken by the complainant from the

respondent-accused after six years. Learned advocate

Mr.Patel submits that the said debt would not fall in the

category of the time barred debt as the respondent-

accused himself had given the cheque after six years.

Therefore, he had acknowledged that debt therefore,

limitation would not come into the play when the fresh

acknowledgment was given by the respondent-accused.

2. Learned advocate Mr.Patel submits that though the

signature on the cheque and the issuance of the cheque

was not denied by the respondent-accused, learned trial

Court acquitted the respondent-accused on the sole

ground of time barred debt. Learned advocate Mr.Patel

submits that though presumption, which is in favour of

the complainant under Sections 118 and 139 of the

N.I.Act was not rebutted, without any cogent reason the

judgment and order of the acquittal was passed.

3. In view of the above submissions, this Court deems it fit

to allow present application. Hence, application seeking

leave to prefer an appeal is allowed.

NEUTRAL CITATION

R/CR.MA/15727/2022 ORDER DATED: 18/01/2024

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ORDER In R/CRIMINAL APPEAL NO. 1682 of 2022

1. The appeal is admitted. Learned advocate Mr.Shaunak

Dave waives service of notice of admission on behalf of

respondents-original accused. Learned APP waives

service of notice of admission on behalf of respondent-

State.

2. Record and proceedings be called for. Appeal be listed in

seriatim.

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