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CR.MA/12394/2008 1/ 1 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12394 of 2008
=========================================================
GANGADASBHAI
BACHUBHAI SAKARIYA - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:MR SP KOTIA for
Applicant(s) : 1,
MR.MAULIK NANAVATI, ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
None for Respondent(s) :
2,
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CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 26/09/2008
ORAL
ORDER
Shri
S P Kotia, learned Advocate for the applicant has submitted that
notice under Section 138 of the Negotiable Instruments Act, was
received by the applicant-accused on 22/09/2007 and giving further
fifteen days time as contemplated under Section 138 (c) of the N.I.
Act and considering Section 142 of the N.I. Act, complaint was to be
made on or before 07/11/2007, instead of that the complaint has been
presented on 22/11/2007 and that too without any application for
condoning the delay as contemplated under Section 142 of the N.I.
Act. It is, therefore, submitted that the impugned complaint /
criminal case is beyond the period of limitation.
Hence,
Rule returnable on 17/11/2008. Ad-interim relief in terms of
paragraph 2 (ii). Mr.Kodekar, learned APP for respondent No.1 ?
State waives service of notice of Rule.
(M.R.SHAH,
J.)
sompura
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