- (1.)Heard Mr. Amit N. Chaudhary, learned advocate on record for the applicant-original complainant.
(2.)This is an application seeking leave to appeal filed under Sub- Sec. (4) of Sec. 378 of Cr.P.C., seeking permission of this Court to challenge the judgment and order of acquittal dtd. 14/12/2022 passed by learned Chief Judicial Magistrate First Class, Vijapur, District- Mehsana in Criminal Case No.1271 of 2019.
(3.)Mr. Amit N. Chaudhary, learned advocate on record for the applicant-original complainant, has invited attention of this Court to the reasons recorded by the trial court while recording the order of acquittal. He has submitted that solely on the ground of limitation, the case of the original complainant has been rejected. Though the original complainant has been able to satisfy the ingredients to attract the offence punishable under Sec. 138 of the N.I. Act. In support of his case, he has placed on record the statement of account and has submitted that the trial court has committed error by rejecting the complaint on the erroneous ground that against the transaction, which had taken place between the parties during the period for 3/11/2015 to 15/11/2015. Limitation period having expired, the legal enforceable debt does not exist on the date of issuance of cheque.The disputed cheque was given in the year-2019, which was just one month prior to last transaction. By relying upon the aforesaid statement of accounts, he has submitted that in fact the last realization of the outstanding amount by the complainant was on 18/6/2019 and the disputed cheque was issued on 23/7/2019. He has further submitted that the quashing petition being Criminal Misc. Application No.3823 of 2021 has been filed by rest of the accused, in which this Court vide order dtd. 30/9/2021 has protected rest of the accused and is pending final adjudication.