Ramesh Vitthalbhai Solanki vs Pavan Mohanlal Pakharani
2025 Latest Caselaw 4711 Guj

Gujarat High Court

Ramesh Vitthalbhai Solanki vs Pavan Mohanlal Pakharani on 13 June, 2025

                                                                                                                    NEUTRAL CITATION




                           R/CR.MA/4218/2025                                        ORDER DATED: 13/06/2025

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                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                                                 4218 of 2025
                             In F/CRIMINAL REVISION APPLICATION NO. 7511 of 2025
                      ==========================================================
                                             RAMESH VITTHALBHAI SOLANKI
                                                       Versus
                                           PAVAN MOHANLAL PAKHARANI & ANR.
                      ==========================================================
                      Appearance:
                      MR DHRUV K DAVE(6928) for the Applicant(s) No. 1
                      NOTICE SERVED for the Respondent(s) No. 1
                      MR HK PATEL APP for the Respondent(s) No. 2
                      ==========================================================

                       CORAM:HONOURABLE MR.JUSTICE L. S. PIRZADA

                                                          Date : 13/06/2025

                                                            ORAL ORDER

1. Rule. Learned A.P.P. Mr.H.K. Patel waives service of

Rule for the respondent - State.

2. As per the report, though the respondent no.1 is

served, none appears on his behalf.

3. By way of this application, the applicant seeks

condonation of delay of 296 days caused in filing the

criminal revision application against the order of

conviction dated 30.10.2021 passed by the learned

NEUTRAL CITATION

R/CR.MA/4218/2025 ORDER DATED: 13/06/2025

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Additional Chief Judicial Magistraste, Vadodara in

Criminal Case No.58720 of 2013, convicting the applicant

- accused under Section 138 of the Negotiable

Instruments Act and sentencing him to undergo simple

imprisonment for 1 year and fine of Rs.7 lacs, in default,

to undergo further 4 months simple imprisonment. The

said order was challenged by the applicant - accused by

way of Criminal Appeal No.214 of 2022 before the

learned 12th Additional Sessions Judge, Vadodara and by

judgment and order dated 29.02.2024, the order passed

by the learned trial Court was confirmed and the present

applicant - accused has been subsequently arrested and

is in judicial custody.

4. On the other hand, learned A.P.P. Mr.H.K. Patel

submitted that appropriate order may be passed.

5. Heard the learned advocates appearing for the

respective parties.

NEUTRAL CITATION

R/CR.MA/4218/2025 ORDER DATED: 13/06/2025

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6. From the record, it appears that because of the

miscommunication, the accused was not informed about

the order and consequences thereof and the accused was

conveyed to arrange the deposits and by the time, the

accused made an attempt to arrange the same, the

accused was arrested and at present, is in judicial

custody.

7. Considering the above, the reasons stated in the

present application are found to be genuine and

satisfactory and the present application is required to be

allowed and the same is allowed.

8. Delay of 296 days caused in filing the criminal

revision application is hereby condoned. Rule is made

absolute to the aforesaid extent.

(L. S. PIRZADA, J) Hitesh