Gujarat High Court
Rizwan Jamalbhai Selot vs State Of Gujarat on 11 April, 2025
NEUTRAL CITATION
R/CR.RA/272/2025 ORDER DATED: 11/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST ORDER PASSED BY
SUBORDINATE COURT) NO. 272 of 2025
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RIZWAN JAMALBHAI SELOT
Versus
STATE OF GUJARAT & ANR.
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Appearance:
NISHITH P ACHARYA(9308) for the Applicant(s) No. 1
MR. VATSAL D. RUPAREL(14194) for the Respondent(s) No. 2
MR HARDIK MEHTYA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 11/04/2025
ORAL ORDER
1. Rule. Learned advocates waive service of notice of Rule for the respective respondents.
2. Heard learned advocates for the respective parties.
3. By way of the present application, the applicant challenged the order dated 06.02.2025 passed by the learned Sessions Court, Jamnagar in Criminal Miscellaneous Application No. 162 of 2025 wherein the learned. Judge has been pleased to reject the application filed by the applicant for condonation of delay in preferring statutory appeal against the judgment and order of conviction dated 10.10.2024 passed in Criminal Case No. 1834 of 2010 passed by the learned 7 th Additional Chief Judicial Magistrate, Jamnagar convicting the applicant for a period of one year (simple imprisonment) for the offence punishable under Page 1 of 3 Uploaded by ALI ISTAYAK(HC01093) on Tue Apr 15 2025 Downloaded on : Tue Apr 15 21:42:31 IST 2025 NEUTRAL CITATION R/CR.RA/272/2025 ORDER DATED: 11/04/2025 undefined section 138 of the Negotiable Instruments Act and further ordering the applicant to pay compensation of Rs. 1,47,000/- and in default of such payment, further SI for a period of two months.
4. The learned advocate appearing for Respondent No. 2 has vehemently opposed the present application on the ground that the applicant was absconding and that the matter is an old one, as more than ten years have passed. It is submitted that the applicant has been able to protract the litigation. It is submitted that in the year 2019, the trial Court passed an order at Exhibit 1, placing the matter in dormant status and issuing a warrant against the present applicant. Thereafter, the case was kept for hearing on 17.01.2022. Despite this, the applicant did not pay any heed to the proceedings, and accordingly, an order of conviction came to be passed, that too after a considerable delay. It is further submitted that if the present application is allowed, the applicant may once again delay the proceedings. There is no bona fide reason indeed, no reason at all stated in the present application for the condonation of delay. The delay on the part of the applicant appears to be deliberate. Therefore, the present application deserves to be dismissed.
5. Having heard the learned advocates for the respective parties and having considered the averments made in this application, it is true that the present applicant has managed to protract the litigation. At the same time, this Court notes that although the complaint was filed in the year 2010, the applicant was convicted only in the year 2024, after a delay of 14 years.
Page 2 of 3 Uploaded by ALI ISTAYAK(HC01093) on Tue Apr 15 2025 Downloaded on : Tue Apr 15 21:42:31 IST 2025NEUTRAL CITATION R/CR.RA/272/2025 ORDER DATED: 11/04/2025 undefined However, once the applicant is convicted and wishes to prefer an appeal, it must be noted that the right to appeal is a statutory right. If the delay is not condoned, it would amount to dismissing the proceedings at the threshold, thereby compelling the applicant to undergo the sentence without an opportunity to challenge the conviction.
6. In view of the above, the order dated 06.02.2025 passed by the learned Sessions Court, Jamnagar in Criminal Misc. Application No. 162 of 2025 is hereby quashed and set aside. The delay of 114 days caused in filing the appeal before the Sessions Court, Jamnagar is condoned. Accordingly, the application for condonation of delay is allowed and stands disposed of. Rule is made absolute. The applicant is directed to pay the fine of Rs.500/- before the Legal Services Authority, Gujarat High Court.
(HASMUKH D. SUTHAR,J) ALI Page 3 of 3 Uploaded by ALI ISTAYAK(HC01093) on Tue Apr 15 2025 Downloaded on : Tue Apr 15 21:42:31 IST 2025