Gujarat High Court
Nileshbhai Geegabhai Devani vs State Of Gujarat on 29 April, 2022
Bench: Rajendra M. Sareen
R/CR.A/501/2022 JUDGMENT DATED: 29/04/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 501 of 2022
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN
==========================================================
1 Whether Reporters of Local Papers may be allowed
to see the judgment ?
2 To be referred to the Reporter or not ?
3 Whether their Lordships wish to see the fair copy
of the judgment ?
4 Whether this case involves a substantial question
of law as to the interpretation of the Constitution
of India or any order made thereunder ?
==========================================================
NILESHBHAI GEEGABHAI DEVANI
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR. BHAUMIK DHOLARIYA(7009) for the Appellant(s) No. 1
ANAND S TAILOR(9021) for the Opponent(s)/Respondent(s) No. 2
MR RC KODEKAR APP for the Opponent(s)/Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN
Date : 29/04/2022
ORAL JUDGMENT
1. ADMIT. Mr.Anand Tailor waives service of notice of
admission on behalf of the contesting respondent No.2 and
Mr.R.C. Kodekar, learned APP waives service of notice of
admission on behalf of the respondent No.1.
2. Present Appeal has been preferred by the appellant -
original complainant under section 378 of the Code of
R/CR.A/501/2022 JUDGMENT DATED: 29/04/2022
Criminal Procedure against the judgment and order of
acquittal, passed by the learned 19th Additional Chief
Judicial Magistrate, Surat dated 29.09.2021 in Criminal
Case No. 62594 of 2018, by which the learned Judge
dismissed the complaint filed by the complainant under
section 138 of the Negotiable Instruments Act, for want of
prosecution.
3. Brief facts giving rise to file prsent appeal are that the
complainant filed complaint being Criminal Case No.62594
of 2018 for dishonour of the Cheque No.000022 dated
19/10/2018 of A.U. Small Finance Bank Himmatnagar
issued by the accused to the complainant.
4. In the said complaint Summons was ordered to be
issued vide order dated 27/12/2018.
5. As the complainant was not remaining present, the
court below issued notice upon the complainant and the
same is served and despite the service of the notice none
appeared in the matter.
6. On the date of the judgement also neither the
complainant not his advocate remained present. The trial
court dismissed the complaint for want of prosecution as
the complainant was not remaining present.
7. It is clear that there is absence of the complainant.
Neither the complainant nor his advocate was remaining
present before the court below. Even after service of the
notice also neither complainant nor his advocate remained
R/CR.A/501/2022 JUDGMENT DATED: 29/04/2022
present. Hence, the trial court has reasonable ground to
dismiss the complaint
8. As per settled legal possible, as far as possible, matter
should not be dismissed on technical ground and matter
should be decided on merits. In the present case, the
complaint has been dismissed for want of prosecution and
without hearing the complainant or his advocate, the ends
of justice would be met, if the matter is remanded to decide
the same within stipulated time.
9. In the result, present appeal is allowed. The impugned
judgment and order of acquittal, passed by the learned 19 th
Additional Chief Judicial Magistrate, Surat dated
29.09.2021 in Criminal Case No. 62594 of 2018 is hereby
quashed and set aside and the matter is remanded to the
trial court to decide the same on merits after giving
opportunities to both the sides within a period of six
months from the date of receipt of the notice from the trial
court by the parties.
Both the parties are directed to co-operate the trial
court in early disposal of the case as stated hereinabove.
(RAJENDRA M. SAREEN,J)
R.H. PARMAR
