Seema Samirbhai Desai vs Priyank Kiritbhai Parikh
2025 Latest Caselaw 1544 Guj

Gujarat High Court

Seema Samirbhai Desai vs Priyank Kiritbhai Parikh on 31 July, 2025

                                                                                                             NEUTRAL CITATION




                           R/CR.MA/11639/2025                                  ORDER DATED: 31/07/2025

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                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                                               11639 of 2025

                               In F/CRIMINAL REVISION APPLICATION NO. 23447 of 2025

                      ==========================================================
                                                    SEEMA SAMIRBHAI DESAI
                                                             Versus
                                                PRIYANK KIRITBHAI PARIKH & ANR.
                      ==========================================================
                      Appearance:
                      DR BALRAM D JAIN(3146) for the Applicant(s) No. 1
                      MR. KRUNAL K MODI(7321) for the Respondent(s) No. 1
                      MS. JYOTI BHATT APP for the Respondent(s) No. 2
                      ==========================================================

                        CORAM:HONOURABLE MR.JUSTICE L. S. PIRZADA

                                                           Date : 31/07/2025

                                                            ORAL ORDER

1) Rule. Learned APP waives service for Rule on behalf of

the State.

2) The present application has been preferred by the

present applicant to condone the delay of 342 days in

preferring the revision against the order of the conviction

passed by the learned Appellate Court and dismissing of the

appeal. It is stated in the application that the present

applicant who is a lady, has not been informed by the

advocate regarding the outcome of appeal and subsequently,

NEUTRAL CITATION

R/CR.MA/11639/2025 ORDER DATED: 31/07/2025

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when police came to her house for execution of the warrant

and at that time, she came to know about the fact that the

appeal has already been dismissed and it is prayed that the

delay may be condoned.

3) Learned advocate for the respondent no.1 vehemently

opposed and submitted that the applicant was very much

aware about the outcome of the appeal and she has only

shifted the burden on the advocate that the advocate has not

informed her about the outcome of the appeal, hence, delay

cannot be condoned.

4) After hearing the learned advocates for the respective

parties and perusing the contentions raised in the application,

in the catena of the judgment, the Hon'ble Apex Court has

held that when the technicality has been treated against the

substantial justice, the Court has to give a preference to the

substantial justice.

5) Considering this, the present application requires

consideration. The delay is condoned on the condition to

deposit the 50% of the amount of the cheque before the

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R/CR.MA/11639/2025 ORDER DATED: 31/07/2025

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learned Trial Court within 1 week from the date of passing of

this order.

6) Accordingly, present application is allowed. Delay of 342

days caused in preferring the revision application is hereby

condoned. Rule is made absolute to the aforesaid extent.

(L. S. PIRZADA, J) JCP