Gujarat High Court
Harish Nanakram Rupani Prop. Jamna ... vs State Of Gujarat on 24 June, 2025
NEUTRAL CITATION
R/CR.RA/469/2025 ORDER DATED: 24/06/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 469 of 2025
With
CRIMINAL MISC.APPLICATION (TEMPORARY BAIL) NO. 1 of 2025
In R/CRIMINAL REVISION APPLICATION NO. 469 of 2025
With
CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE) NO.
3 of 2025
In R/CRIMINAL REVISION APPLICATION NO. 469 of 2025
==========================================================
HARISH NANAKRAM RUPANI PROP. JAMNA KARIYANA STORE
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR DHRUV K DAVE(6928) for the Applicant(s) No. 1
MR DHARM K RAVAL(10689) for the Respondent(s) No. 2
MS. JYOTI BHATT APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR.JUSTICE L. S. PIRZADA
Date : 24/06/2025
ORAL ORDER
Rule. Learned APP waives service for the respondent - State.
By consent of the parties, the matter has been taken for the final hearing. Heard the learned advocate for the applicant and it is submitted by him that the present applicant
- accused is in judicial custody. The present applicant - accused has been initially convicted by the Special N.I. Act Court, Vadodara in Criminal Case no.46559 of 2010 and the Page 1 of 5 Uploaded by MR.JAIMIN CHANDRAKANTBHAI PRAJAPATI(HCD0066) on Tue Jun 24 2025 Downloaded on : Tue Jun 24 22:50:28 IST 2025 NEUTRAL CITATION R/CR.RA/469/2025 ORDER DATED: 24/06/2025 undefined present applicant - accused was convicted under Section 138 of the Negotiable Instruments Act, 1881 and sentenced him to two years simple imprisonment by the judgment and order dated 06.06.2023 and the same was challenged by the present applicant - accused by preferring criminal appeal before the learned 3rd Additional Sessions Judge, Vadodara in Criminal Appeal No.371 of 2023. The learned Sessions Court has dismissed the appeal for default on the ground that the 20% of the amount as ordered by the learned Sessions Court vide Exhibit-4 has not been paid, so, the conviction appeal cannot be dismissed for default. Hence, the matter is required to be remanded back. Learned advocate in support of his arguments, has relied upon the judgment of Parasuram Patel & Another Vs. State of Orissa reported in 1994 (4) SCC 664 as well as Bani Singh & Ors. Vs. State of U.P. reported in 1996 (4) SCC 720 and the judgment of the Hon'ble Apex Court in the case of P. Sethu Vs. R. Selvakumaran passed in Crl.R.C. (MD).No.519 of 2024 and submitted that the conviction appeal is always to be decided on merits and it cannot be dismissed for default, and the matter is required to be remanded back.
Page 2 of 5 Uploaded by MR.JAIMIN CHANDRAKANTBHAI PRAJAPATI(HCD0066) on Tue Jun 24 2025 Downloaded on : Tue Jun 24 22:50:28 IST 2025
NEUTRAL CITATION R/CR.RA/469/2025 ORDER DATED: 24/06/2025 undefined On the other hand, learned advocate for the respondent submitted that the conduct of the present applicant is not proper. Even initially, the appeal has been preferred before the learned Sessions Court, Vadodara, in Criminal Appeal No.188 of 2017, and matter was remanded back to the learned Trial Court, but the direction of that order has not been complied. Hence, necessary order is to be passed.
Considering the rival submissions of both the learned advocates for the parties, and perusing the judgments on which the learned advocate for the applicant has relied upon, it is settled principle of law that conviction appeal cannot be dismissed for default, and it is always desirable by the Court to decide the conviction appeal on merits only. In case, the applicant or his counsel is not remained present before the Court, then, the Court has to appoint any lawyer as amicus and proceed further with the appeal.
Considering this, the present case in hand is concerned, the learned Sessions Court has dismissed the appeal only on the ground that 20% of the amount has not been paid as the present revision application requires consideration and the order passed by the learned 3 rd Additional Sessions Judge is Page 3 of 5 Uploaded by MR.JAIMIN CHANDRAKANTBHAI PRAJAPATI(HCD0066) on Tue Jun 24 2025 Downloaded on : Tue Jun 24 22:50:28 IST 2025 NEUTRAL CITATION R/CR.RA/469/2025 ORDER DATED: 24/06/2025 undefined required to be set aside as conviction appeal has been dismissed for default by the learned Sessions Court.
In view of the above, present revision application is hereby allowed and the order passed by learned 3 rd Additional and District Sessions Judge, Vadodara in Criminal Appeal No.371 of 2023 passed below Exhibit-1 is hereby quashed and set aside. The matter has been remanded back to the learned Sessions Court, Vadodara, to decide the same on merits, and the Criminal Appeal No.371 of 2023 has been restored in file of learned Sessions Court, Vadodara and learned Sessions Judge without influence by the observations made by this Court, has to decide the Criminal Appeal No.371 of 2023 as expeditiously as possible preferably within three months from the date of receipt of writ of this order.
Further, the present applicant is in judicial custody. He may be released immediately from jail, if not required in any other case. Further, it has been directed that the present applicant - accused has to remain present before the learned Sessions Court in Criminal Appeal No.371 of 2013 on 04.07.2025.
Page 4 of 5 Uploaded by MR.JAIMIN CHANDRAKANTBHAI PRAJAPATI(HCD0066) on Tue Jun 24 2025 Downloaded on : Tue Jun 24 22:50:28 IST 2025
NEUTRAL CITATION R/CR.RA/469/2025 ORDER DATED: 24/06/2025 undefined All other criminal miscellaneous applications connected with the main matter do not survive.
The present application is allowed. Rule is made absolute.
Direct Service is permitted.
(L. S. PIRZADA, J) JCP Page 5 of 5 Uploaded by MR.JAIMIN CHANDRAKANTBHAI PRAJAPATI(HCD0066) on Tue Jun 24 2025 Downloaded on : Tue Jun 24 22:50:28 IST 2025