Manishbhai Hasmukhbhai Ranpara vs State Of Gujarat

                                                                               NEUTRAL CITATION




     R/CR.MA/17887/2023                          ORDER DATED: 05/10/2023

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 17887 of 2023
                     (FOR CONDONATION OF DELAY)
                                  In
           F/CRIMINAL REVISION APPLICATION NO. 35813 of 2023

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                     MANISHBHAI HASMUKHBHAI RANPARA
                                  Versus
                            STATE OF GUJARAT
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Appearance:
MS MANJULA CHAUHAN, ADVOCATE for MS TANAVEER K LOLADIA(9994) for the
Applicant(s) No. 1
for the Respondent(s) No. 2
MS JIRGA JHAVERI, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MS. JUSTICE S.V. PINTO

                             Date : 05/10/2023
                              ORAL ORDER

1. Learned Advocate Mr. Hardipsinh Solanki states that he has instruction to appear for the respondent No. 2 and therefore, he may be permitted to file his appearance. Accordingly, he is permitted to file his appearance.

2. Rule. Learned APP Ms. Jirga Jhaveri and learned advocate Mr. Hardipsinh Solanki waive service of notice of rule for the respective respondents.

3. Learned advocate Ms. Manjula Chauhan for learned advocate Ms. Tanveer Loladia appearing for the applicant submits that the present application is filed for condonation of delay 488 days occurred in filing the Criminal Revision Application, Page 1 of 3 Downloaded on : Fri Oct 06 20:46:20 IST 2023 NEUTRAL CITATION R/CR.MA/17887/2023 ORDER DATED: 05/10/2023 undefined whereby, the judgment and order dated 20.02.2023 passed by the learned Additional District and Sessions Judge, Rajkot in Criminal Appeal No. 34 of 2022 is challenged. The learned Sessions Judge, Rajkot confirmed the judgment and order dated 06.12.2021 passed in Criminal Case No. 9606 of 2018 by the learned 12th Additional Chief Judicial Magistrate, Rajkot sentencing the present applicant - accused to undergo one year simple imprisonment for the offence punishable under Section 138 of the Negotiable Instrument Act and further directed to undergo one month simple imprisonment, if the applicant - accused fails to pay the amount of cheque to the complainant within a month. Learned advocate further submits that the delay has occurred in firling the Criminal Revision Application due to financial constrain as he was in jail and he has also suffered financial loss, and therefore, present application for condonation of delay may be allowed.

4. Learned APP Ms. Jirga Jhaveri for the respondent - State has opposed this application and submits that present application may be dismissed.

5. Learned advocate Mr. Hardipsinh Solanki for the original complainant submits that he has no objection, if the delay occurred in filing the Criminal Revision Application is condoned.

NEUTRAL CITATION R/CR.MA/17887/2023 ORDER DATED: 05/10/2023 undefined

6. Having heard learned counsel for the parties and having considered the contents of the application, it cannot be said that the delay caused in filing the Criminal Revision Application has remained totally unexplained. Therefore, we are of the view that the delay caused in filing Criminal Revision Application deserves to be condoned. Accordingly, the application is allowed. Delay is condoned. Rule is made absolute.

(S. V. PINTO, J) F.S. KAZI.....