FALGUNIBEN H. PATEL Vs. VINODBHAI HARIBHAI AMRELIYA

JUDGEMENT

(1.) The application is filed under Sec. 378 of the Code of Criminal Procedure for special leave to appeal against the judgment of acquittal recorded by an order dtd. 1/6/2022 by the 3rd Civil Judge and JMFC, Bharuch in Criminal Case No.2289 of 2021.

(2.) Learned advocate for the applicant submits that the acquittal was recorded mainly on two grounds; firstly, being that the legally enforceable debt as claimed by the applicant was time-barred by considering the date on which the subject amount was given by the applicant to the respondent-accused, and the other ground, being the discrepancy in the amount on the basis of the evidence of the applicant herself.

(3.) With regard to the ground of limitation, learned advocate for the applicant has successfully drawn attention of this Court that the trial Court has relied upon a decision of the Kerala High Court in the case of Sasseriyil Joseph vs. Devassia , reported in (2000) 3 KLT 533, which has been overruled by a Division Bench of the same Court ( Ramakrishnan vs. Parthasaradhy , reported in (2003) 2 KLT 613) by categorically holding that the law declared under the aforesaid judgment does not lay down the correct principle of law. In the opinion of the Court, this itself is a sufficient ground to grant leave to appeal in favour of the applicant.