Gujarat High Court
Mohammed Naeim Mohammed Hussain Shaikh vs State Of Gujarat on 7 April, 2025
NEUTRAL CITATION
R/SCR.A/13227/2024 ORDER DATED: 07/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 13227 of
2024
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MOHAMMED NAEIM MOHAMMED HUSSAIN SHAIKH
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR RAMNANDAN SINGH(1126) for the Applicant(s) No. 1
MR PREMAL S RACHH(3297) for the Respondent(s) No. 2
MS SHRUTI PATHAK, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
Date : 07/04/2025
ORAL ORDER
1. Rule. Learned APP Ms. Shruti Pathak as well as
learned advocate Mr. Premal S. Rachh waive service
for respondent No.1 - State and respondent No.2 -
original complainant, respectively.
2. Learned advocate for the petitioner submits that
the respondent No.2 herein has instituted one
complaint under Section 138 of the Negotiable
Instruments Act against the petitioner herein.
Thereafter, the trial commenced and ultimately at the
end of the day, vide judgment and order dated
03.12.2018, learned Trial Court convicted the
petitioner for the said offence. Being aggrieved by
the said judgment and order of conviction, the
petitioner herein preferred an appeal before the
NEUTRAL CITATION
R/SCR.A/13227/2024 ORDER DATED: 07/04/2025
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learned Appellate Court. However, as there was delay
in preferring the appeal, separate application for
condonation of delay also came to be preferred by the
petitioner. However, the said application is
dismissed by the learned Appellate Court. Therefore,
present petition is preferred.
3. Learned advocate Mr. Ramnandan Singh further
submits that on account of dismissal of application
seeking condonation of delay, valuable right of the
petitioner to prefer an appeal against the order of
conviction is jeopardized. He further submits that
petitioner is a senior citizen and behind the bars
since last more than 10 months. However, without
going into further merits of the matter, he has
fairly contended that to show his bona fide,
petitioner is ready and willing to deposit 20% of the
cheque amount as well as the amount of cost that may
be imposed by this Court before the learned Trial
Court.
4. In view of the aforesaid submissions, learned
advocate Mr. Premal Rachh for the respondent No.2 -
original complainant submits that if the petitioner
is ready and willing to deposit 20% of the cheque
amount and the amount of cost that may be imposed by
this Hon'ble Court to be paid to the complainant, in
that event, he has no objection for quashing and
setting aside the impugned order.
NEUTRAL CITATION
R/SCR.A/13227/2024 ORDER DATED: 07/04/2025
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5. In view of the aforesaid submissions canvassed
by the learned advocates appearing for the respective
parties, without going into the merits of the matter,
the petition is partly allowed. Accordingly, the
impugned order dated 21.09.2024 passed by the learned
Sessions Judge, Jamnagar in Criminal Misc.
Application No.966 of 2024 is hereby quashed and set
aside and delay in preferring the appeal is condoned
subject to deposit of 20% of the cheque amount as
well as cost of Rs.20,000/- by the petitioner before
the learned Trial Court within a period of 2 weeks.
The said amount to be paid to the respondent No.2 -
original complainant after due verification. Rule is
made absolute to the aforesaid extent.
(DIVYESH A. JOSHI,J)
LAVKUMAR J JANI
