Nandkishor Mangilal Dayma vs State Of Gujarat
2021 Latest Caselaw 17519 Guj

   R/CR.MA/19506/2020                            ORDER DATED: 22/11/2021




    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

   R/CRIMINAL MISC.APPLICATION NO. 19506 of 2020
                           In
  R/CRIMINAL REVISION APPLICATION NO. 666 of 2020
                          With
  R/CRIMINAL REVISION APPLICATION NO. 666 of 2020
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              NANDKISHOR MANGILAL DAYMA
                         Versus
                    STATE OF GUJARAT
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Appearance:
MR. RAJENDRA D JADHAV(10026) for the Applicant(s) No. 1
MUHAMMADYUSUF M KHARADI(9509) for the Respondent(s)
No. 2
MS CM SHAH, ADDITIONAL PUBLIC PROSECUTOR(2) for the
Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE UMESH A. TRIVEDI

                        Date : 22/11/2021

                           ORAL ORDER

ORDER IN CRIMINAL MISCELLANEOUS APPLICATION No.19506 of 2020

Ms. C.M. Shah, learned Additional Public Prosecutor, places on record the jail remarks from where it is revealed that there appears more than one case filed against the applicant where he is convicted for an offence under Section 138 of the Negotiable Instruments Act, 1881. From further remarks, column no.25, it is revealed that the judgment of conviction and order of sentence imposed by the learned Magistrate came to be confirmed by even the appellate Court in as many as ten cases where he has not deposited the fine. However, in the last column, it is mentioned that the convict prisoner while

R/CR.MA/19506/2020 ORDER DATED: 22/11/2021

undertaking treatment at new Civil Hospital expired on 13.04.2021 and the xerox copy of the death certificate issued by the Sub Registrar (Birth & Death), South West Zone, Surat Municipal Corporation as also considering the communication address by the Police Inspector, Sachin Police Station, Surat City addressed to the Deputy Superintendent, Lajpore Central Jail, Sachin, Surat City dated 04.09.2021 it reveals that the death certificate is forwarded to the Lajpore Central Jail by it. The said documents alongwith the jail remarks are taken on record.

In view of the fact that this application filed praying for condonation of delay of 404 days is not required to be now proceeded further as the applicant himself has died and there is no one to proceed further nor even his advocate is present, the present application praying for condonation of delay of 404 days is hereby rejected. Notice is discharged.

ORDER IN CRIMINAL REVISION APPLICATION No.666 of

Consequent upon the order passed in delay condonation application, this Criminal Revision Application is also disposed of .

(UMESH A. TRIVEDI, J.)

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