Gujarat High Court
Vala Govindbhai Punjabhai Prop. ... vs State Of Gujarat on 3 July, 2025
NEUTRAL CITATION
R/CR.RA/961/2025 ORDER DATED: 03/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 961 of 2025
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VALA GOVINDBHAI PUNJABHAI PROP. VAIBHAV CONSTRUCTION
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR NITISH M NAIR(13998) for the Applicant(s) No. 1
MR. H K PATEL APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE L. S. PIRZADA
Date : 03/07/2025
ORAL ORDER
1. With the consent of the learned advocate for the respective
parties. Learned advocate Mr.Nitish M. Nair for the applicant
submitted that the present applicant accused is in judicial
custody since 19.12.2024. The present applicant was convicted
by Additional Chief Metropolitan Magistrate, Negotiable
Instruments Act under Section 138 in Criminal Case
No.12053/2019 by judgment and order dated 16.02.2023,
convicting the present applicant accused under Section 138 of
the Negotiable Instruments Act and sentenced him to one year
of simple imprisonment and also order to pay cheque amount
by way of compensation to the original complainant. The said
order was challenged by the present applicant by preferring
NEUTRAL CITATION
R/CR.RA/961/2025 ORDER DATED: 03/07/2025
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Criminal Appeal No.126/2023 before the learned City Civil and
Sessions Court, Ahmedabad and City Civil and Sessions Court
No. 15, Ahmedabad has passing an order below Exhibit-1 and
Exhibit-8 has dismissed the appeal for recall on account of the
absence of the present applicant-accused in the appeal by order
dated 05.04.2025 and the said order of the learned City Civil
and Sessions Court, Ahmedabad has been assailed by the
preferring this revision application. Further, learned advocate
for the applicant submitted that the present applicant, he is in
judicial custody and he is ready and willing to deposit 20% of
the cheque amount before the learned City Civil and Sessions
Court, Ahmedabad within eight weeks. Hence, the judgment of
the learned City Civil and Sessions Court in appeal
No.126/2023 is required to be set aside and matter is required
to be remanded back to the learned City Civil and Sessions
Court for deciding the said appeal on merits.
2. On the other hand, learned advocate for the respondent
No. 2 Mr. M. J. Patel submitted that the present applicant is
not remaining present in the appeal. However, he has no
objection if the amount has been deposited by the present
applicant and the matter be remanded back to the learned City
Civil and Sessions Court for fresh decision of this criminal
appeal on merits.
NEUTRAL CITATION
R/CR.RA/961/2025 ORDER DATED: 03/07/2025
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3. Considering the arguments of learned advocate for the
respective parties before the learned City Civil and Sessions
Court, Ahmedabad in Criminal Appeal No.126/2023 has
dismissed the appeal for default by passing an order below
Exhibit-1 on 05.04.2024 in the catena of the judgments of the
Hon'ble Apex Court and various Hon'ble High Courts has in
that the conviction appeal cannot be dismissed for want of
prosecution in case if the applicant is not remaining present if
the duty cast upon the Court to appoint any advocate as
amicus and then decide the appeal on merits. Considering this,
the order passed by the learned City Civil and Sessions Court,
Ahmedabad in Criminal Appeal No.126/2023 dated 05.04.2024
is against the said principal is required to be quashed and set
aside. Hence, considering this present revision application, is
hereby, allowed. Judgment and order passed by the learned
City Civil and Sessions Court, No. 15 Ahmedabad in Criminal
Appeal No.126/2023 dated 05.04.2024 passing an order below
Exhibit 1 and Exhibit 8, is hereby, quashed and set aside. The
matter is remanded back to the learned City Civil and Sessions
Court, Ahmedabad to decide Criminal Appeal No.126/2023 on
merits.
4. The present applicant-accused has to deposit 20% amount of
NEUTRAL CITATION
R/CR.RA/961/2025 ORDER DATED: 03/07/2025
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the cheque before the learned City Civil and Sessions Court,
Ahmedabad within eight weeks from the date of passing this
order. The present applicant has also directed to co-operate
with the proceedings of the appeal before the learned City
Civil and Sessions Court or extraneous disposal of this appeal
on merits.
5. The present applicant-accused is in judicial custody, he
should be released by the Jail Authority forthwith. If he is not
required in any other offenses.
Rule is made absolute.
Direct Service permitted.
(L. S. PIRZADA, J)
HRT
