Gujarat High Court
Mahendrabhai Babubhai Trivedi vs Nitaben Mahendrabhai Desai on 1 August, 2025
NEUTRAL CITATION
R/CR.MA/12858/2025 ORDER DATED: 01/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC. APPLICATION NO.12858 of 2025
In R/CRIMINAL REVISION APPLICATION NO. 1447 of 2024
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MAHENDRABHAI BABUBHAI TRIVEDI
Versus
NITABEN MAHENDRABHAI DESAI & ANR.
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Appearance:
MS. PRAPTI B BHATT(17285) for the Applicant(s) No. 1
MR KARTIK V PANDYA(2435) for the Respondent(s) No. 1
MR DHAWAN JAYSWAL, APP for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 01/08/2025
ORAL ORDER
1. The applicant has filed the present application, inter-alia,
requesting this Court to recall the Order dated 30.10.2024 passed
in Criminal Revision Application No.1447 of 2024 and also sought
to restore the Criminal Revision Application No.1447 of 2024 to its
original number and list the same for final hearing.
2. Heard learned Advocate appearing for the applicant. She has
submitted that the applicant herein had filed Criminal Revision
Application No.1447 of 2024 along with Criminal Appeal No.1 of
2024. This Court vide its Order dated 16.10.2024 passed in the
aforesaid proceedings, had directed the applicant herein to deposit
20% of the amount of cheque involved in the present case. The
NEUTRAL CITATION
R/CR.MA/12858/2025 ORDER DATED: 01/08/2025
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applicant, however was not in a position to deposit the said
amount, and therefore, under the mistaken belief and through
inadvertence, had withdrawn the said revision application on
13.10.2024. The applicant has undergone major part of the
sentence imposed upon him. She submitted that the applicant was
not aware about the legal consequences of the withdrawal of the
said application nor the applicant was aware about the legal nitty-
gritty. She, therefore, submitted that the Order passed by this
Court in the aforesaid proceedings on 13.10.2024, be recalled and
the proceedings be restored to its original file.
3. Learned APP has opposed the present application and
submitted that looking to the nature of offence, this Court may not
exercise the discretion in favour of the applicant and the
application may be dismissed.
4. Heard the learned Advocates for the parties. The applicant
herein had filed Criminal Revision Application No.1447 of 2024
challenging the Judgment and Order dated 03.08.2024 passed by
learned 4th Additional Sessions Judge, Gandhinagar in Criminal
Appeal No.197 of 2023 whereby the Order passed by learned 2 nd
JMFC, Gandhinagar in Criminal Case No.4927 of 2020 was
confirmed and the applicant was convicted for an offence
punishable under Section 138 of Negotiable Instruments Act and
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R/CR.MA/12858/2025 ORDER DATED: 01/08/2025
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was sentenced to undergo imprisonment for a period of one year.
On 16.10.2024, during the course of hearing of the said
proceedings, it was submitted by the learned Advocate, then
appearing for the applicant, that the applicant was directed by the
Appellate Court to deposit 20% amount of the total cheque amount.
However, the applicant could not deposit the said amount. The
applicant had shown readiness and willingness to deposit the said
amount before the concerned Court, and therefore, the concerned
Court was directed by this Court vide Order dated 16.10.2024 to
accept the said amount if the applicant deposits the same.
Thereafter, on 30.10.2024, the applicant was present before the
Court along with his Advocate and had submitted a withdrawal
pursis before this Court and had sought permission to withdraw the
said proceedings, and accordingly, the proceedings were disposed
of as withdrawn.
5. Now, the applicant has filed the present application praying
for recall of the said Order by saying that the revision application
was withdrawn through inadvertence and under mistaken belief. It
is also submitted by the learned Advocate appearing for the
applicant that the applicant was not aware about the legal nitty-
gritty and the consequences of the withdrawal of the said
application.
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6. It is required to be noted that on 30.10.2024 when the order
in question was passed by this Court, the applicant was present
before the Court along with his Advocate and had also submitted a
pursis for withdrawal of the revision application. Thus, the action
on the part of the applicant to withdraw the said proceedings,
cannot be said to be an inadvertence. The fact that the applicant
was present before the Court with his Advocate, signifies that the
applicant had withdrawn those proceedings after consulting his
Advocate and after having understood the legal consequences
thereof. Therefore, the claim made by the applicant that the
criminal revision applicant was withdrawn through inadvertence
and because of lack of knowledge on his part, does not appear to be
true. The present application, therefore appears to be nothing, but
an afterthought to get the said proceedings revived.
7. Having regard to these aspects, no case is made out. Hence,
the present application is dismissed.
(M. R. MENGDEY,J)
RAVI OZA
