Gujarat High Court
Sandipbhai Ravjibhai Parmar vs State Of Gujarat on 12 August, 2025
NEUTRAL CITATION
R/CR.MA/14891/2025 ORDER DATED: 12/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
14891 of 2025
In F/CRIMINAL REVISION APPLICATION NO. 29725 of 2025
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SANDIPBHAI RAVJIBHAI PARMAR
Versus
STATE OF GUJARAT & ANR.
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Appearance:
JAYDEEP H SINDHI(9585) for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2
MR. H.K PATEL for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE L. S. PIRZADA
Date : 12/08/2025
ORAL ORDER
1. Rule. The learned A.P.P. waives service of Rule for the respondent - State.
2. Learned advocate Mr. Hiren Somaiya has instructions to appear on behalf of the respondent No.2 original - complainant and seeks permission to file Vakalatnama with the registry. Permission is granted. Registry is directed to accept the Vakalatnama.
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NEUTRAL CITATION R/CR.MA/14891/2025 ORDER DATED: 12/08/2025 undefined
3. Heard learned advocate Mr.Jaydeep H. Sindhi for the applicant. It is submitted that the present applicant is in the judicial custody and the present applicant to condone the delay of 798 days preferring revision application against the order passed by the learned Sessions Court, confirming the conviction under Section 138 of the Negotiable Instruments Act. Further, it is submitted that was not communicated about the dates by the advocate in the appeal, because of that when he was arrested by the police personnel to the sentence warrant has been served came to know about the judgment has already been passed in the appeal and his appeal has already been dismissed. There is delay of 798 days preferring this application and prayed to condone the delay.
4. On the other hand, learned advocate Mr.Hiren Somaiya for the respondent No.2 original complainant vehemently opposed said application. Further, it is submitted that the Page 2 of 4 Uploaded by MR.HIMAL.R. TRIVEDI(HCD0071) on Mon Aug 18 2025 Downloaded on : Mon Aug 18 21:56:36 IST 2025 NEUTRAL CITATION R/CR.MA/14891/2025 ORDER DATED: 12/08/2025 undefined reasons stated in the application is not genuine and present applicant has been absconded after the dismissal of the appeal and subsequently he was arrested in the month of July, 2025 and judgment has already been declared in the month of 2023 so, delay cannot be condoned.
5. After hearing of learned advocate for the respective parties, peruse the fact that the judgment of the learned Appellate Court has been decided by the Learned Sessions Court in the year 2023, pursuant to the execution of the warrant the present applicant was arrested in the month of July and he was taken into judicial custody. Thereafter, this present application has been preferred, further, in the catena of judgment of the Hon'ble Apex Court held that the when the technicality has been pitted against the substantial of justice, Court has to always consider given the preference to the substantial justice and considering the fact that the present applicant is in the judicial custody.
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NEUTRAL CITATION R/CR.MA/14891/2025 ORDER DATED: 12/08/2025 undefined
6. Accordingly, present application is allowed. Delay of 798 days caused in preferring the revision application is hereby condoned. Rule is made absolute to the aforesaid extent.
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