Gujarat High Court Case Information System
Print
CR.MA/7458/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7458 of 2009
=========================================================
SUBHASH
P HARLALKA - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance :
MR
HARSHADRAY A DAVE for Applicant(s) : 1,MR HARDIK
A DAVE for Applicant(s) : 1,
MR DIVYESH C. SEJPAL, ADDITIONAL
PUBLIC PROSECUTOR for Respondent(s) : 1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MS.JUSTICE H.N.DEVANI
Date
: 30/06/2009
ORAL
ORDER
Heard
Mr. Harshadray A. Dave, learned Advocate for the applicant. It is
submitted that on the date when the cheque is alleged to have been
dishonoured, the applicant was not a Director of the Company. It is
also submitted that in any case the allegation in the complaint is
to the effect that after March 2000 no amount was paid. Therefore
after a period of three years from the said date, the debt would
become time barred. Under the circumstances, even if the cheque is
taken to have been issued on 05.01.2005 as stated in the complaint,
the same would be in a respect of a time barred debt and cannot be
said to be a legally enforceable debt.
Having
regard to the submissions advanced by the learned Advocate for the
applicant, issue notice returnable on 28th July, 2009.
Mr. Divyesh C. Sejpal, learned Additional Public Prosecutor waives
service of notice on behalf of respondent no.1 State of Gujarat.
To be listed on the First Board.
(Harsha
Devani, J.)
Caroline
Top