Gujarat High Court
Paras Narsibhai Makwana vs State Of Gujarat on 28 July, 2025
NEUTRAL CITATION
R/SCR.A/6985/2025 ORDER DATED: 28/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 6985 of 2025
With
R/SPECIAL CRIMINAL APPLICATION NO. 6924 of 2025
With
R/SPECIAL CRIMINAL APPLICATION NO. 6968 of 2025
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PARAS NARSIBHAI MAKWANA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
KARTIK H BHATT(9313) for the Applicant(s) No. 1
MR ROHAN SHAH, APP for the Respondent(s) No. 1
RULE NOT RECD BACK for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 28/07/2025
ORAL ORDER
1. Mr. Poonam Mehta, learned advocate submits that she has
instruction to appear on behalf of respondent no.2 in special criminal
application no. 6985 of 2025 and Special Criminal Application No.
6968 of 2025. She is permitted to file her appearance.
2. Though respondent No. 2 has been served in Special Criminal
Application No. 6924 of 2025, none appears on his behalf, either in
person or through an advocate.
3. Rule. Learned advocates waive service of notice of Rule for the
respective respondents.
4. By way of this application under Section 528 of the Bharatiya
Nagarik Suraksha Sanhita (BNSS), the applicant has prayed to quash
and set aside the order dated 08.11.2024 passed by the learned 4 th
Additional Sessions Judge, Bhavnagar at Mahuva in Criminal Appeal
No. 12 of 2024, Criminal Appeal No. 11 of 2024, and Criminal Appeal
No. 10 of 2024.
5. It appears that after a full-fledged trial, the petitioner was
convicted by order dated 02.02.2024 in Criminal Case No. 2679 of
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NEUTRAL CITATION
R/SCR.A/6985/2025 ORDER DATED: 28/07/2025
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2022, Criminal Case No. 1121 of 2022, and Criminal Case No. 973 of
2022, passed by the learned Additional Chief Judicial Magistrate,
Mahuva at Bhavnagar, whereby the petitioner was held guilty for the
offence punishable under Section 138 of the Negotiable Instruments
Act.
6. Being aggrieved and dissatisfied with the said conviction, the
petitioner filed the aforesaid criminal appeals. In the said appeals, the
learned Sessions Judge by order dated 29.02.2024 suspended the
sentence till final disposal of the appeals and ordered the release of
the petitioner on bail with certain conditions. One of the conditions
imposed was that the petitioner shall be released on bail upon
depositing 20% of the amount of compensation/fine before the Nazir
of the District Court. Another condition was that, pending the hearing
of the criminal appeals, the petitioner (original accused) shall be
released on bail on furnishing a personal bond of Rs. 25,000/- with
one surety of like amount.
7. It appears that the petitioner failed to comply with the order
passed by the Sessions Court, as a result of which he was taken into
custody. The petitioner was convicted and sentenced to six months'
imprisonment and has been in jail since February 2025. The
petitioner is now ready and willing to comply with the aforesaid order
passed by the Sessions Court. In this regard, he has deposited 20% of
the compensation/fine amount, and the deposit slip has been
produced on record. The same is taken on record.
8. In view of the facts and circumstances of the case, and relying
upon the judgments of the Hon'ble Apex Court in Surinder Singh
Deswal @ Col. S.S. Deswal v. Virender Gandhi, (2020) 2 SCC 514,
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NEUTRAL CITATION
R/SCR.A/6985/2025 ORDER DATED: 28/07/2025
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and Jamboo Bhandar v. M.P. State Industrial Development
Corporation Ltd., 2023 LiveLaw (SC) 776, the petitions are allowed.
The impugned order dated 08.11.2024 passed by the learned 4 th
Additional Sessions Judge, Bhavnagar at Mahuva in Criminal Appeal
No. 12 of 2024, Criminal Appeal No. 11 of 2024, and Criminal Appeal
No. 10 of 2024 is hereby quashed and set aside, as well as the
conviction order dated 02.02.2024 passed in Criminal Case No. 2679
of 2022, Criminal Case No. 1121 of 2022, and Criminal Case No. 973
of 2022 by the learned Additional Chief Judicial Magistrate, Mahuva
at Bhavnagar, are hereby suspended till the final disposal of the
appeals. The petitioner shall be released on bail on the same terms
and conditions as imposed by the Additional Sessions Judge, Mahuva,
vide order dated 29.02.2024 in the above-mentioned criminal appeals.
Rule is made absolute to the aforesaid extent. Direct service is
permitted
9. The authorities will release the applicant only if he is not
required in connection with any other offence for the time being. As
Ms. Mehta, learned advocate appearing for respondent No. 2 has
opposed the petitions and submitted that this Court may pass an
order to release the amount in favour of the respondent No.2. The
respondent No. 2-original complainant is at liberty to make an
appropriate application before the learned Appellate Court, and the
Appellate Court shall consider the same on its own merits.
(HASMUKH D. SUTHAR,J)
ALI
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