Gujarat High Court
Mahendrabhai Babubhai Trivedi vs Nitaben Mahendrabhai Desai on 1 August, 2025
NEUTRAL CITATION
R/CR.MA/12858/2025 ORDER DATED: 01/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC. APPLICATION NO.12858 of 2025
In R/CRIMINAL REVISION APPLICATION NO. 1447 of 2024
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MAHENDRABHAI BABUBHAI TRIVEDI
Versus
NITABEN MAHENDRABHAI DESAI & ANR.
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Appearance:
MS. PRAPTI B BHATT(17285) for the Applicant(s) No. 1
MR KARTIK V PANDYA(2435) for the Respondent(s) No. 1
MR DHAWAN JAYSWAL, APP for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 01/08/2025
ORAL ORDER
1. The applicant has filed the present application, inter-alia, requesting this Court to recall the Order dated 30.10.2024 passed in Criminal Revision Application No.1447 of 2024 and also sought to restore the Criminal Revision Application No.1447 of 2024 to its original number and list the same for final hearing.
2. Heard learned Advocate appearing for the applicant. She has submitted that the applicant herein had filed Criminal Revision Application No.1447 of 2024 along with Criminal Appeal No.1 of 2024. This Court vide its Order dated 16.10.2024 passed in the aforesaid proceedings, had directed the applicant herein to deposit 20% of the amount of cheque involved in the present case. The Page 1 of 4 Uploaded by RAVI SATISHKUMAR OZA(HCW0111) on Mon Aug 04 2025 Downloaded on : Mon Aug 04 22:00:46 IST 2025 NEUTRAL CITATION R/CR.MA/12858/2025 ORDER DATED: 01/08/2025 undefined applicant, however was not in a position to deposit the said amount, and therefore, under the mistaken belief and through inadvertence, had withdrawn the said revision application on 13.10.2024. The applicant has undergone major part of the sentence imposed upon him. She submitted that the applicant was not aware about the legal consequences of the withdrawal of the said application nor the applicant was aware about the legal nitty- gritty. She, therefore, submitted that the Order passed by this Court in the aforesaid proceedings on 13.10.2024, be recalled and the proceedings be restored to its original file.
3. Learned APP has opposed the present application and submitted that looking to the nature of offence, this Court may not exercise the discretion in favour of the applicant and the application may be dismissed.
4. Heard the learned Advocates for the parties. The applicant herein had filed Criminal Revision Application No.1447 of 2024 challenging the Judgment and Order dated 03.08.2024 passed by learned 4th Additional Sessions Judge, Gandhinagar in Criminal Appeal No.197 of 2023 whereby the Order passed by learned 2 nd JMFC, Gandhinagar in Criminal Case No.4927 of 2020 was confirmed and the applicant was convicted for an offence punishable under Section 138 of Negotiable Instruments Act and Page 2 of 4 Uploaded by RAVI SATISHKUMAR OZA(HCW0111) on Mon Aug 04 2025 Downloaded on : Mon Aug 04 22:00:46 IST 2025 NEUTRAL CITATION R/CR.MA/12858/2025 ORDER DATED: 01/08/2025 undefined was sentenced to undergo imprisonment for a period of one year. On 16.10.2024, during the course of hearing of the said proceedings, it was submitted by the learned Advocate, then appearing for the applicant, that the applicant was directed by the Appellate Court to deposit 20% amount of the total cheque amount. However, the applicant could not deposit the said amount. The applicant had shown readiness and willingness to deposit the said amount before the concerned Court, and therefore, the concerned Court was directed by this Court vide Order dated 16.10.2024 to accept the said amount if the applicant deposits the same. Thereafter, on 30.10.2024, the applicant was present before the Court along with his Advocate and had submitted a withdrawal pursis before this Court and had sought permission to withdraw the said proceedings, and accordingly, the proceedings were disposed of as withdrawn.
5. Now, the applicant has filed the present application praying for recall of the said Order by saying that the revision application was withdrawn through inadvertence and under mistaken belief. It is also submitted by the learned Advocate appearing for the applicant that the applicant was not aware about the legal nitty- gritty and the consequences of the withdrawal of the said application.
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NEUTRAL CITATION R/CR.MA/12858/2025 ORDER DATED: 01/08/2025 undefined
6. It is required to be noted that on 30.10.2024 when the order in question was passed by this Court, the applicant was present before the Court along with his Advocate and had also submitted a pursis for withdrawal of the revision application. Thus, the action on the part of the applicant to withdraw the said proceedings, cannot be said to be an inadvertence. The fact that the applicant was present before the Court with his Advocate, signifies that the applicant had withdrawn those proceedings after consulting his Advocate and after having understood the legal consequences thereof. Therefore, the claim made by the applicant that the criminal revision applicant was withdrawn through inadvertence and because of lack of knowledge on his part, does not appear to be true. The present application, therefore appears to be nothing, but an afterthought to get the said proceedings revived.
7. Having regard to these aspects, no case is made out. Hence, the present application is dismissed.
(M. R. MENGDEY,J) RAVI OZA Page 4 of 4 Uploaded by RAVI SATISHKUMAR OZA(HCW0111) on Mon Aug 04 2025 Downloaded on : Mon Aug 04 22:00:46 IST 2025