R/SCR.A/6663/2025 ORDER DATED: 18/06/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 6663 of 2025 ========================================================== RAMESHKUMAR MULJIBHAI THAKKAR Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MANSI M MULANI(9575) for the Applicant(s) No. 1 MR SOAHAM JOSHI, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 18/06/2025 ORAL ORDER 1. By way of this petition, the petitioner has prayed for quashing and setting aside the proceedings initiated under the provisions of the Negotiable Instruments Act at the instance of respondent No.2 and other consequential proceedings, if any, arising therefrom. 2. Learned counsel for the petitioner relying upon para 4 of the complaint, has contended that on which date cheque of Rs.15 lacs was given is not mentioned and no any averment in this regard is made. Even otherwise, whether the complainant has lodged a complaint before the police in connection with the same. 3. In view of the facts of the case, these all issues are disputed question of facts and the disputed question cannot be gone into under Article 226 and 227 of the Constitution of India as the petitioner is having ample opportunity and even otherwise, time barred debt and stolen of the cheque are concerned, the same are disputed question of facts. 4. Considering the aforesaid facts and the legal precedent set by the Hon’ble Apex Court in the case of Gimpex Private Limited v. Manoj Goel, reported in (2022) 11 SCC 705, wherein the Hon’ble Court held that in such R/SCR.A/6663/2025 ORDER DATED: 18/06/2025 a case, a new liability operation of presumptions under Sections 139 and 118 of the NI Act stand rebutted or not and as a new liability has been crated fresh cause of action or not which is explained and such fresh liability or cause of action itself subject matter of trial and proof and it cannot be decided at the Section 482 of the Cr.P.C. stage. 5. In view of the above, present petition is dismissed. However, it is kept open for the petitioner to take all contentions before the trial Court. (HASMUKH D. SUTHAR,J) SUCHIT Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: PATEL SUCHIT JAYESHBHAI(HC01083), Private Secretary, at High Court of Gujarat on 19/06/2025 14:58:04