Gujarat High Court
Umedbhai Mohandas Patel vs State Of Gujarat on 6 October, 2025
NEUTRAL CITATION
R/SCR.A/8796/2018 ORDER DATED: 06/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 8796 of 2018
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UMEDBHAI MOHANDAS PATEL
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR HRIDAY BUCH(2372) for the Applicant(s) No. 1
MR CHINTAN DAVE, APP for the Respondent(s) No. 1
RULE SERVED BY DS for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 06/10/2025
ORAL ORDER
1. This petition under Article 227 of the Constitution of India challenges order passed below Exh.1 in Criminal Misc. Application No.1085 of 2018, whereby, learned Additional Sessions Judge, Mehsana declined to condone delay caused in preferring appeal against judgment and order passed in Criminal Case No.449 of 2017 which has convicted the petitioner for the offence under section 138 of Negotiable Instrument Act and directed to undergo simple imprisonment of one year and imposed fine of Rs.500/-, in default thereof, two months simple imprisonment was imposed.
2. Heard learned advocate Mr.Param Buch for the petitioner and learned APP Mr.Dave for respondent State. Private respondent is served but did not remain present.
3. At the time of admitting the petitioner and issuing Rule, Co-ordinate Bench on 10.10.2018 enlarged the petitioner on bail Page 1 of 3 Uploaded by SATISH C. VEMULLA(HC00206) on Tue Oct 07 2025 Downloaded on : Wed Oct 08 00:39:33 IST 2025 NEUTRAL CITATION R/SCR.A/8796/2018 ORDER DATED: 06/10/2025 undefined on executing bail bond of Rs.10,000/- with one surety of like amount to the satisfactions of learned Trial Court and further directed the petitioner to deposit 30% of the cheque amount so dishonored before the learned Trial Court within one month from the date of release.
4. Learned advocate Mr.Buch for the petitioner submitted that order passed by this Court has been complied with and 30% of the cheque amount has been deposited before the learned Trial Court. He submits that within one week from today, he will place on record receipt of deposit of 30% of the cheque amount before the learned Trial Court.
5. One Rasik Patel filed Criminal Case No.449 of 2017 before the learned JMFC, Vijapur against the petitioner for the offence under section 138 of NI Act. Trial was conducted and later on, learned Trial Court found that the petitioner has committed offence under section 138 of NI Act and therefore, imposed sentence as stated (supra). The petitioner was absconding and approached learned Appellate Court after 7 months and 7 days. Thus, delay application was preferred under section 5 of the Limitation Act to condone delay. Some reasons are stated in the petition to condone delay. Learned Appellate Court declined to condone delay on the ground that the petitioner could not put sufficient evidence to explain delay satisfactorily.
6. Since the petitioner has deposited 30% of the cheque amount so dishonored before the learned Trial Court and as per submission of learned advocate Mr.Buch, the petitioner is ready to conduct trial as early as possible, this Court is fo the Page 2 of 3 Uploaded by SATISH C. VEMULLA(HC00206) on Tue Oct 07 2025 Downloaded on : Wed Oct 08 00:39:33 IST 2025 NEUTRAL CITATION R/SCR.A/8796/2018 ORDER DATED: 06/10/2025 undefined considered opinion that First Appeal is statutory right of the petitioner, therefore, delay is required to be condoned and petitioner be given chance to put his case before the learned Appellate Court.
7. For the reasons stated herein-above above, the petition is allowed. Impugned order dated 29.09.2018 passed in Criminal Misc. Application No.1085 of 2018 is quashed and set aside. Delay is condoned. Registry of learned Sessions Court, Mehsana is directed to register conviction appeal preferred by the petitioner. Order passed by this Court enlarging the petitioner on bail bond of Rs.10,000/- with surety of like amount to the satisfaction of learned Trial Court shall continue to operate during pendency of the appeal provided that on every day of adjournment, the petitioner shall remain present before the Court concerned and extend full cooperation. 30% of the cheque amount deposited by the petitioner shall be released in favour of the original complainant by the learned Trial Court after taking security towards its satisfaction. Conviction appeal preferred by the petitioner shall be conducted on urgent basis and concluded preferably within three months from the date of receipt of present order and on its own merits. Rule is made absolute. Direct service is permitted.
8. The petitioner shall place on record copy of receipt of 30% of cheque amount deposited before the learned Trial Court within one week from today.
(J. C. DOSHI,J) SATISH Page 3 of 3 Uploaded by SATISH C. VEMULLA(HC00206) on Tue Oct 07 2025 Downloaded on : Wed Oct 08 00:39:33 IST 2025