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2024 Supreme(Online)(GUJ) 6163

HIGH COURT OF GUJARAT
HONOURABLE MRS. JUSTICE M. K. THAKKER
SHRIRAM FINANCE LTD THRO BHAVINBHAI GHANSHYAMBHAI THAKER – Appellant
Versus
STATE OF GUJARAT – Respondent


ORAL ORDER

1. Learned advocate Mr.Manish Patel submits that learned trial court has acquitted the respondent-accused only on the ground of time barred debt. Learned advocate Mr.Manish Patel submits that loan agreement was executed between the complainant and the accused on 09.02.2013 wherein, it was agreed that repayment of the loan would be made in 35 monthly installments.

1.1. Learned advocate Mr.Manish Patel submits that thereafter, as default was committed by the respondent- accused in making payment of installments, the cheque was issued on 16.02.2018.

1.2. Learned advocate Mr.Manish Patel submits that as 35 months were completed on 09.01.2016 and thereafter period of limitation would start. That would be completed in the year 2019. however, before completion of the limitation period as prescribed under the limitation act, the acknowledgment was given by issuing the cheque in the year 2018. therefore, the learned trial court has committed error in acquitting the respondent-

accused on the ground of time barred debt.

2. The learned advocate Mr.Patel relies on the provisions of Section 18 of the Limitation Act, which reproduced hereinbelow:-

“18. Effect of acknowledgment in writing.—(

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