Ajitsinh Amarsinhji Jadeja vs State Of Gujarat
2023 Latest Caselaw 6024 Guj

                                                                                     NEUTRAL CITATION




     R/CR.MA/14060/2013                              ORDER DATED: 18/08/2023

                                                                                      undefined




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 14060 of 2013

                                With
             R/CRIMINAL MISC.APPLICATION NO. 14061 of 2013
                                With
             R/CRIMINAL MISC.APPLICATION NO. 14062 of 2013
                                With
             R/CRIMINAL MISC.APPLICATION NO. 14063 of 2013
                                With
             R/CRIMINAL MISC.APPLICATION NO. 14064 of 2013
                                With
             R/CRIMINAL MISC.APPLICATION NO. 14065 of 2013
                                With
             R/CRIMINAL MISC.APPLICATION NO. 14066 of 2013
==========================================================
                          AJITSINH AMARSINHJI JADEJA
                                     Versus
                          STATE OF GUJARAT & 1 other(s)
==========================================================
Appearance:
MR JV VAGHELA(5809) for the Applicant(s) No. 1
BHARGAV KARIA & ASSO(6631) for the Respondent(s) No. 2
MR LB DABHI, APP for the Respondent(s) No. 1
==========================================================
 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                Date : 18/08/2023

                             COMMON ORAL ORDER

1. Heard Mr. J.V.Vaghela, learned counsel for the applicant and Mr.Parasbhai Harsukhlal Lathiya (respondent No.2) as party-in-person in all the matters.

2. By way of these applications under Section 482 of the Code of Criminal Procedure, 1973, the applicant has prayed for to invoke the power to quash and set aside the proceedings being Criminal Case Nos.4332, 4333, 4334, 4335, 4336, 4337

NEUTRAL CITATION

R/CR.MA/14060/2013 ORDER DATED: 18/08/2023

undefined

and 4338 of 2013 filed under Section 138 of the Negotiable Instruments Act, pending before the Court of learned 7 th Addl. Sr. Civil Judge & Addl. Chief Judicial Court, Rajkot.

3. Initially, the proceedings came to be stayed by the coordinate Bench of this Court, then, due to want of prosecution, the matters were dismissed for default and hence, the proceedings before the trial Court proceeded further. Meanwhile, the matters were restored and interim relief granted earlier, was ordered to be continued vide order dated 28.09.2021 and proceedings before the trial Court once again stayed by this Court.

4. Considering the rival submissions canvassed by both the sides, it appears that, the original complainant is an advocate and there is a dispute qua the legal fees and performance of legal obligations between the advocate and his client i.e. present applicant and in this regard, the proceedings have been initiated by the applicant against respondent No.2 before the Bar Council of Gujarat and present applicant has also raised dispute about the legal dues. During the course of hearing, party-in-person has submitted that, he has performed his legal duty and rendered services as an advocate and he has fulfilled obligations on his part and towards the said work, fees of Rs.4,50,000/- has been paid by the applicant, but remaining amount was to be paid and towards the said legal fees, several cheques mentioned in the complaint came to be issued.

NEUTRAL CITATION

R/CR.MA/14060/2013 ORDER DATED: 18/08/2023

undefined

5. In the aforesaid backdrop, the question of legally enforceable debt cannot be gone into or examined at the time of exercising jurisdiction under Section 482 of the Code and for that, both the parties have to lead the evidence. As the trial Court has proceeded with the matters, the evidence is also recorded and cross-examination of the complainant is over on 13.02.2020 and as the matter is at the fag-end, hence, it would be expedient to decide the matter/s on merits as legally enforceable debt does exist or not itself which is a question of trial. In view of the judgment of the Apex court rendered in the case of M/s. Neeharika, Infrastructure...Vs. State of Maharashtra, reported in 2021 SCC (Online) 315, this is not a fit case to exercise the power under Section 482 of the code. Hence, this Court is of considered view that, criminal proceedings ought not to be scuttled at this stage.

6. In view of the above, without entering into merit and demerit of the case, present matters are required to be disposed.

Accordingly, present Criminal Misc. Applications stand disposed of with a direction that, the learned trial Court shall expedite the trial as the matters are of the year 2013 and as per the mandate of the Negotiable Instruments Act, the matter of Section 138 is required to be decided within a period of six months. Hence, both the parties are hereby directed to cooperate with the trial Court in expeditious disposal of the pending proceedings and the trial Court shall make an endevour to dispose the trial as expeditiously as possible, in accordance with law.

NEUTRAL CITATION

R/CR.MA/14060/2013 ORDER DATED: 18/08/2023

undefined

7. However, it is clarified that both the parties are at liberty to take all contentions available under the law.

8. As the applicant is resident of Maharashtra, if any exemption application is filed under Section 205 of the Code, the same shall be considered by the learned trial Court. However, the applicant-accused shall have to remain present before the trial Court as and when his presence is required and directed or ordered by the learned trial Court, failing which, he shall not dispute any proceedings in an "absentia". The trial Court is at liberty to take appropriate steps to secure the presence of the applicant and to proceed including through video conference, if necessary.

Interim relief granted earlier stand vacated. Rule is discharged.

(HASMUKH D. SUTHAR,J)

SUCHIT