Gunvant Shah vs Vinod Agrawal Adult
2025 Latest Caselaw 2581 MP

Madhya Pradesh High Court

Gunvant Shah vs Vinod Agrawal Adult on 9 January, 2025

                                                                1                               CRA-5142-2023
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                        CRA No. 5142 of 2023
                                                   (GUNVANT SHAH Vs VINOD AGRAWAL ADULT )



                           Dated : 09-01-2025
                                 Shri Siddharth Kumar Sharma, learned counsel for the appellant.

                                 Heard on I.A.No.16549/2024, which is an application for grant of leave to
                           appeal under Section 378(4) of the Code of Criminal Procedure.
                                 The appellant has filed a private complaint against the respondent for the

offences punishable under Section 138 of the Negotiable Instrument Act. Learned

Trial Court by judgement dated 17.02.2023 acquitted the respondent from the offences on the ground that the complaint was not filed within limitation and it was barred by one day. So far as merits are concerned, no finding has been recorded by the Trial Court in the judgment.

Learned counsel for the appellant submits that cheque was issued for discharge of liability by the respondent and upon presentation for encashment, the same was dishonored due to account closed. After receipt of the information, notice was issued to respondent on 24.08.2015 by registered post, which was found duly served on respondent and as the respondent failed to pay the cheque amount, the complaint was filed on 09.10.2015.

Learned counsel for the appellant submits that complaint was filed within limitation and Trial Court has wrongly calculated the period and held that complaint was filed with a delay of one day. He further submits that if the Trial court was of the opinion that there was delay of one day in filing the complaint, the appellant ought to have been granted an opportunity to move an appropriate application for condonation of delay.

Considering the issue involved in the present matter wherein the complaint

2 CRA-5142-2023

was dismissed being barred by one day, I deem it proper to grant leave to file an appeal.

Consequently, I.A.No.16549/2024 is allowed. The appellant is permitted to file the appeal against the judgment of acquittal.

Heard on the question of admission.

After perusal of the record, the appeal is admitted for final hearing. Issue notice to the respondent on payment of process fee for appearance before this Court on 10.02.2025.

List on 10.02.2025.

(VINAY SARAF) JUDGE

P/-