Rahulpratapsinh Birendrasinh ... vs Kamleshbhai Narayanbhai Joshi
2024 Latest Caselaw 4604 Guj

Gujarat High Court

Rahulpratapsinh Birendrasinh ... vs Kamleshbhai Narayanbhai Joshi on 11 June, 2024

                                                                                   NEUTRAL CITATION




     R/CR.MA/10348/2024                              ORDER DATED: 11/06/2024

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 10348
                          of 2024

                    In R/CRIMINAL APPEAL NO. 1210 of 2024

                                    With
                      R/CRIMINAL APPEAL NO. 1210 of 2024
==========================================================
               RAHULPRATAPSINH BIRENDRASINH BHADORIYA
                                Versus
                 KAMLESHBHAI NARAYANBHAI JOSHI & ANR.
==========================================================
Appearance:
MRS YOGINI V PARIKH(2163) for the Applicant(s) No. 1
MS KSHMA V SHETH(2051) for the Applicant(s) No. 1
for the Respondent(s) No. 1
MR.JAY MEHTA,APP for the Respondent(s) No. 2
==========================================================

 CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER

                               Date : 11/06/2024

                                ORAL ORDER

1. Learned advocate Ms.Parikh submits that the judgment

and order of acquittal was passed on the sole ground of

time barred debt.

1.1. Learned advocate Ms.Parikh submits that the

transaction which is carried out between the accused

and complainant is of 06.07.2018 and the learned trial

court has observed that the limitation i.e 3 years was

over on 06.07.2024 and the cheque in question was

issued on 27.07.2022. Therefore, debt is time barred.

NEUTRAL CITATION

R/CR.MA/10348/2024 ORDER DATED: 11/06/2024

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1.2. Learned advocate submits that as per the decision

rendered by the Hon'ble Apex Court in Miscellaneous

Application No. 21/2022 in MA 665/2021 in SMW

(C) No.3/2020 wherein, the Hon'ble Apex Court has

extended the limitation period in view of the Covid-19

guidelines from 15.03.2020 to 28.02.2022.

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

to allow this application for seeking leave to prefer an

appeal. Hence, present application is allowed. Leave to

prefer an appeal is granted.

ORDER IN R/CRIMINAL APPEAL NO. 1210 of 2024

1. The appeal is admitted. Learned APP Mr.Jay Mehta

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 shall be called for. Matter be

listed in seriatim.

(M. K. THAKKER,J) ARCHANA S. PILLAI