Gujarat High Court
Pathan Husainkhan Umedkhan vs State Of Gujarat on 18 August, 2023
Bench: Gita Gopi
NEUTRAL CITATION
R/CR.RA/1042/2023 ORDER DATED: 18/08/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 1042 of 2023
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PATHAN HUSAINKHAN UMEDKHAN
Versus
STATE OF GUJARAT
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Appearance:
MS SONAL D VYAS(999) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS JIRGA JHAVERI, ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 18/08/2023
ORAL ORDER
1. RULE. Learned Additional Public Prosecutor waives
service of notice of Rule on behalf of the respondent
- State.
2. Heard learned Advocate for the applicant Ms. Sonal
D. Vyas, who submits that the applicant is the
accused who had moved Criminal Appeal No.47 of
2019 before the learned Sessions Judge, Patan against
the judgment and award of conviction and sentence
passed under Section 138 of the Negotiable
Instruments Act, 1881. The Criminal Appeal came to
be dismissed on 16.06.2023 on the ground of non-
NEUTRAL CITATION
R/CR.RA/1042/2023 ORDER DATED: 18/08/2023
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prosecution observing that the applicant and his
Advocate has failed to remain present during the
hearing of the trial and thus, the learned Judge
found that the applicant accused was not interested
in proceeding with the matter.
3. It is further submitted that at the time of filing of the
Appeal on 18.11.2019, the applicant was released on
bail and in compliance of the order, 20% of the
cheque amount, i.e. Rs.63,800/- was deposited on
26.12.2019. It is further submitted that from the
year 2019, the matter had remained pending sine die.
Under instructions, it is submitted that on the day
when the matter came to be dismissed for non-
prosecution, the applicant and his Advocate could not
remain present because of cyclonic weather
conditions.
4. It appears that from the order dated 16.06.2023, the
Appeal has not been decided on merits. 20% of the
cheque amount has already been deposited which
shows the bonafide of the applicant to pursue the
matter. The order also reflects that the arrest
warrant was issued qua the applicant and the same
NEUTRAL CITATION
R/CR.RA/1042/2023 ORDER DATED: 18/08/2023
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was cancelled with a direction to the applicant to
regularly appear before the Court. The learned Judge
observed that the applicant had failed to remain
present.
5. Hearing of an Appeal is to be conducted by the
Advocate representing the applicant and the matter
has to be decided on merits since the applicant is
suffering conviction and sentence. A reasonable
opportunity ought to have been granted as the
Criminal Appeal No.47 of 2019 was pending sine die
since August 2019.
6. In view of the above, the order dated 16.06.2023
passed in Criminal Appeal No.47 of 2019 by the
learned Sessions Judge, Patan is quashed and set
aside. Criminal Appeal No.47 of 2019 is ordered to
be restored to its original File and the learned
Sessions Judge, Patan to hear and decide the same on
merits. Both the sides are directed to co-operate
with the learned Sessions Judge for final hearing of
the matter.
NEUTRAL CITATION
R/CR.RA/1042/2023 ORDER DATED: 18/08/2023
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7. Accordingly, the present application stands allowed in
the above terms. Rule is made absolute to the
aforesaid extent. Direct service is permitted.
Sd/-
(GITA GOPI, J)
CAROLINE
