Gujarat High Court
Seema Samirbhai Desai vs Priyank Kiritbhai Parikh on 31 July, 2025
NEUTRAL CITATION
R/CR.MA/11639/2025 ORDER DATED: 31/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
11639 of 2025
In F/CRIMINAL REVISION APPLICATION NO. 23447 of 2025
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SEEMA SAMIRBHAI DESAI
Versus
PRIYANK KIRITBHAI PARIKH & ANR.
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Appearance:
DR BALRAM D JAIN(3146) for the Applicant(s) No. 1
MR. KRUNAL K MODI(7321) for the Respondent(s) No. 1
MS. JYOTI BHATT APP for the Respondent(s) No. 2
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CORAM:HONOURABLE MR.JUSTICE L. S. PIRZADA
Date : 31/07/2025
ORAL ORDER
1) Rule. Learned APP waives service for Rule on behalf of the State.
2) The present application has been preferred by the present applicant to condone the delay of 342 days in preferring the revision against the order of the conviction passed by the learned Appellate Court and dismissing of the appeal. It is stated in the application that the present applicant who is a lady, has not been informed by the advocate regarding the outcome of appeal and subsequently, Page 1 of 3 Uploaded by MR.JAIMIN CHANDRAKANTBHAI PRAJAPATI(HCD0066) on Thu Jul 31 2025 Downloaded on : Thu Jul 31 23:30:28 IST 2025 NEUTRAL CITATION R/CR.MA/11639/2025 ORDER DATED: 31/07/2025 undefined when police came to her house for execution of the warrant and at that time, she came to know about the fact that the appeal has already been dismissed and it is prayed that the delay may be condoned.
3) Learned advocate for the respondent no.1 vehemently opposed and submitted that the applicant was very much aware about the outcome of the appeal and she has only shifted the burden on the advocate that the advocate has not informed her about the outcome of the appeal, hence, delay cannot be condoned.
4) After hearing the learned advocates for the respective parties and perusing the contentions raised in the application, in the catena of the judgment, the Hon'ble Apex Court has held that when the technicality has been treated against the substantial justice, the Court has to give a preference to the substantial justice.
5) Considering this, the present application requires consideration. The delay is condoned on the condition to deposit the 50% of the amount of the cheque before the Page 2 of 3 Uploaded by MR.JAIMIN CHANDRAKANTBHAI PRAJAPATI(HCD0066) on Thu Jul 31 2025 Downloaded on : Thu Jul 31 23:30:28 IST 2025 NEUTRAL CITATION R/CR.MA/11639/2025 ORDER DATED: 31/07/2025 undefined learned Trial Court within 1 week from the date of passing of this order.
6) Accordingly, present application is allowed. Delay of 342 days caused in preferring the revision application is hereby condoned. Rule is made absolute to the aforesaid extent.
(L. S. PIRZADA, J) JCP Page 3 of 3 Uploaded by MR.JAIMIN CHANDRAKANTBHAI PRAJAPATI(HCD0066) on Thu Jul 31 2025 Downloaded on : Thu Jul 31 23:30:28 IST 2025