Gujarat High Court
Sandipbhai Ravjibhai Parmar vs State Of Gujarat on 12 August, 2025
NEUTRAL CITATION
R/CR.MA/14891/2025 ORDER DATED: 12/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
14891 of 2025
In F/CRIMINAL REVISION APPLICATION NO. 29725 of 2025
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SANDIPBHAI RAVJIBHAI PARMAR
Versus
STATE OF GUJARAT & ANR.
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Appearance:
JAYDEEP H SINDHI(9585) for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2
MR. H.K PATEL for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE L. S. PIRZADA
Date : 12/08/2025
ORAL ORDER
1. Rule. The learned A.P.P. waives service of Rule for the
respondent - State.
2. Learned advocate Mr. Hiren Somaiya has instructions to
appear on behalf of the respondent No.2 original -
complainant and seeks permission to file Vakalatnama with the
registry. Permission is granted. Registry is directed to accept
the Vakalatnama.
NEUTRAL CITATION
R/CR.MA/14891/2025 ORDER DATED: 12/08/2025
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3. Heard learned advocate Mr.Jaydeep H. Sindhi for the
applicant. It is submitted that the present applicant is in the
judicial custody and the present applicant to condone the delay
of 798 days preferring revision application against the order
passed by the learned Sessions Court, confirming the conviction
under Section 138 of the Negotiable Instruments Act. Further,
it is submitted that was not communicated about the dates by
the advocate in the appeal, because of that when he was
arrested by the police personnel to the sentence warrant has
been served came to know about the judgment has already
been passed in the appeal and his appeal has already been
dismissed. There is delay of 798 days preferring this
application and prayed to condone the delay.
4. On the other hand, learned advocate Mr.Hiren Somaiya
for the respondent No.2 original complainant vehemently
opposed said application. Further, it is submitted that the
NEUTRAL CITATION
R/CR.MA/14891/2025 ORDER DATED: 12/08/2025
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reasons stated in the application is not genuine and present
applicant has been absconded after the dismissal of the appeal
and subsequently he was arrested in the month of July, 2025
and judgment has already been declared in the month of 2023
so, delay cannot be condoned.
5. After hearing of learned advocate for the respective
parties, peruse the fact that the judgment of the learned
Appellate Court has been decided by the Learned Sessions
Court in the year 2023, pursuant to the execution of the
warrant the present applicant was arrested in the month of
July and he was taken into judicial custody. Thereafter, this
present application has been preferred, further, in the catena
of judgment of the Hon'ble Apex Court held that the when the
technicality has been pitted against the substantial of justice,
Court has to always consider given the preference to the
substantial justice and considering the fact that the present
applicant is in the judicial custody.
NEUTRAL CITATION
R/CR.MA/14891/2025 ORDER DATED: 12/08/2025
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6. Accordingly, present application is allowed. Delay of 798
days caused in preferring the revision application is hereby
condoned. Rule is made absolute to the aforesaid extent.
(L. S. PIRZADA, J)
HRT
