Dhirajkumar Shankarbhai Parmar vs State Of Gujarat
2023 Latest Caselaw 920 Guj

     R/SCR.A/1715/2023                            ORDER DATED: 06/02/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/SPECIAL CRIMINAL APPLICATION NO. 1715 of 2023

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                    DHIRAJKUMAR SHANKARBHAI PARMAR
                                  Versus
                            STATE OF GUJARAT
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Appearance:
MR PK SHUKLA(1056) for the Applicant(s) No. 1
MS KINJAL P SHUKLA(10226) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MOXA THAKKAR APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA

                            Date : 06/02/2023

                             ORAL ORDER

1. Rule returnable forthwith. Learned APP waives service of notice of rule for and on behalf of respondent-State.

2. With the consent of learned counsel appearing for the respective parties, the matter is taken up for final hearing today.

3. By way of the present application filed under Article 226 of the Constitution of India read with Section 482 of Cr.P.C., the applicant prays for quashment of order of judgment and order of conviction and sentence dated 14.11.2022 passed by the learned 13 th Addl. Chief Judicial Magistrate at Vadodara in Criminal Case No.34806 of 2021 below Exh. 47.

4. The applicant was accused of the said criminal case, filed under Section 138 of the Negotiable Instruments Act by the complainant-

R/SCR.A/1715/2023 ORDER DATED: 06/02/2023

respondent no.2 for dishonour of cheque. Admittedly, on the day of pronouncement of judgment, the applicant remained absent and accordingly, he was convicted as above.

5. Heard Mr. Shukla, learned counsel for the petitioner and Ms. Moxa Thakkar, learned APP for the respondent State.

6. Having heard learned counsel appearing for the respective parties, this Court is of the view that, the issue involved in the present application is squarely covered by the decision of Coordinate Bench dated 22.02.2017 delivered in case of Ishwarbhai Hirabhai Chunara vs. State of Gujarat & Anr. (Special Criminal Application No.9112 of 2016) and therefore, without much discussion, the applicant is directed to appear before the trial Court concerned and permitted to file an application under Section 389(3) of the Cr.P.C. In the event of filing such application, the Court concerned shall pass appropriate orders in accordance with law within a period of 2 weeks from the date of receipt of this order. As and when the appeal is filed against the impugned judgment and order of conviction, the Sessions Court shall not raise technical issue of limitation and shall process further in accordance with law. The Non-Bailable Warrant, if any, is converted into Bailable Warrant for a sum of Rs.10,000/- (Rupees Ten Thousand only) and the applicant shall furnish a bail bond of Rs.10,000/-.

7. The present application stands disposed of in the aforesaid terms accordingly. Rule is made absolute to the aforesaid extent. Direct service is permitted.

(ILESH J. VORA,J) P.S. JOSHI