Gujarat High Court
Amitbhai Mahendrabhai Patel vs State Of Gujarat on 25 July, 2025
NEUTRAL CITATION
R/SCR.A/10506/2025 ORDER DATED: 25/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 10506 of 2025
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AMITBHAI MAHENDRABHAI PATEL
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR NITIN T GANDHI(5620) for the Applicant(s) No. 1
MR ROHANKUMAR M AMIN(8851) for the Applicant(s) No. 1
MS SHRUTI PATHAK, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 25/07/2025
ORAL ORDER
[1.0] By way of present petition under Articles 226 and 227 of the
Constitution of India read with Section 528 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (for short "BNSS") seeking for the following
relief:
"(A) This Honourable Court may be pleased to issue any
appropriate writ, order or direction quashing and setting aside
the order dated 09/07/2025 exhibit-30 (Ann A) passed in
Criminal Appeal No.379 of 2024 passed by the learend Judge,
City Civil & Sessions Court, Ahmedabad;"
[2.0] Having heard learned advocate for the petitioner and learned APP
for respondent No.1 - State of Gujarat and perusing the record it appears
that the petitioner is an accused and is convicted by the learned
Additional Chief Metropolitan Magistrate, Ahmedabad in Criminal Case
No.2801533 of 2014 for the offence under Section 138 of the Negotiable
Instruments Act, 1881. Being aggrieved and dissatisfied with the order
of conviction, the petitioner preferred Criminal Appeal No.379 of 2024
NEUTRAL CITATION
R/SCR.A/10506/2025 ORDER DATED: 25/07/2025
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before the learned Sessions Judge, Ahmedabad, which is pending. During
the pendency of criminal appeal, petitioner had filed an application
seeking adjournment as he wanted to submit written arguments, which
came to be dismissed on 04.01.2025. Thereafter, once again, the
petitioner filed another application requesting to permit him to submit
written arguments but the same was also refused and till 09.07.2025, the
said criminal appeal remained at same stage as it is. After reejction of
earlier application in January 2025 seeking to canvass the written / oral
arguments, no judgment is pronounced by the learned Sessions Judge.
[3.0] Learned advocate for the petitioner has submitted that now the
matter is posted on 30.08.2025 for pronouncement of judgment. It is
pertinent to note that though initial application came to be dismissed on
04.01.2025, there was no reason for the learned Sessions Judge not to
give an opportunity to the petitioner to canvass the arguments. Till date,
no judgment is pronounced.
[4.0] Hence, considering that after rejection of first application, during
the span of eight months, matter remained at standstill and there was no
reason to dismiss the application of the petitioner seeking opportunity
to tender or canvass the argument. Learned advocate for the petitioner
upon instructions has submitted that the petitioner is not intended to
prolong the disposal of Criminal Appeal and petitioner is ready and
willing to canvass the argument as and when matter is taken up for
hearing on the date fixed by the learned Sessions Judge.
[5.0] In view of the above, it is expedient to allow the present petition
to avail fair opportunity to the petitioner - accused to make out his case
before the learned Sessions Judge / Appellate Court. The learned
Sessions Judge, Ahmedabad is directed to fix Criminal Appeal
No.379/2024 for hearing, prior to pronouncement of judgment, on any
NEUTRAL CITATION
R/SCR.A/10506/2025 ORDER DATED: 25/07/2025
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date convenient to the learned Sessions Judge and give an opportunity
to the present petitioner to submit written submission and on the same
day, to give opportunity to the petitioner to make oral arguments also
and after concluding of the arguments, learned Sessions Judge shall
pronounce the judgment on or before 30.08.2025.
[6.0] With the aforesaid direction, present petition is disposed of. Direct
service is permitted.
(HASMUKH D. SUTHAR, J.)
Ajay
