Gujarat High Court
Nileshbhai Arjanbhai Kakadiya vs State Of Gujarat on 16 June, 2025
NEUTRAL CITATION
R/SCR.A/8184/2025 ORDER DATED: 16/06/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 8184 of 2025
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NILESHBHAI ARJANBHAI KAKADIYA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR AMIT P SOLIYA(10780) for the Applicant(s) No. 1
MR ROHAN N SHAH APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 16/06/2025
ORAL ORDER
RULE. Learned APP waives service of notice of Rule for and on behalf
of the respondent No.1 - State of Gujarat.
Present petition under Article 226 of the Constitution of India
r/W.528 of BNSS is filed seeking quashment of judgment and order dated
1.01.2025 passed by the learned JMFC, at Wadhwan in Criminal Case
No.290/2023 filed by respondent No.2 for the offence under Section 138 of
the Negotiable Instruments Act, 1881.
Having heard learned advocate for the respective parties and
perusing the record it appears that the petitioner has directly approached
this Court challenging the judgment and order of conviction without
resorting to the alternative statutory remedy available to the petitioner. It
appears that the petitioner is convicted on 01.01.2025 and petitioner has
filed the present petition in June 2025. Further, petitioner has directly
approached this Court under Article 226 of the Constitution of India without
availing statutory remedy and hence, as per the law laid down by this Court
in the case of Bhoomi Exim & Anr. Vs. State of Gujarat & Anr.
(SCR.A/12711/2023, dtd. 07.10.2023); Arun Shankar Shukla Vs. State of
U.P & Ors, reported in 1999 (6) SCC 146 and Hamida Vs. Rashid alias
NEUTRAL CITATION
R/SCR.A/8184/2025 ORDER DATED: 16/06/2025
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Rasheed and Ors. reported in (2008) 1 SCC 474, this Court is not inclined to
entertain the present petition. The Hon'ble Apex Court in the case of
Hamida (Supra) has been pleased to observe in Head-note B as under:
"B. Criminal Procedure Code, 1973 - S.482 - Inherent powers of
High Court - Scope - Limits of - Alternative remedy - Availability
of - Effect - Held, has to be exercised sparingly with
circumspection and in rare cases and that too to correct patent
illegalities or when some miscarriage of justice is done - Practice
of High Courts in entertaining petitions under S.482, when there
was an effective alternative remedy available, deprecated - Ends
of justice would be better served if valuable time of the Court is
spent in hearing those appeals rather than entertaining petitions
under S.482 CrPC at an interlocutory stage which are often filed
with some oblique motive in order to circumvent the prescribed
procedure, as in the instant case, or to delay the trial which
enable the accused to win over the witnesses by money or
muscle power or they may become disinterested in giving
evidence, ultimately resulting in miscarriage of justice (paras 7, 8
and 13)"
It is also appropriate to refer to the decision of Hon'ble Supreme
Court in the case of Manoj Vasudev Sompura Vs. State of Gujarat
reported in 2024 (3) GLR 1737 and Sharad Jethalal Savla Vs. State of
Gujarat & Ors. in CRMA No.19862/2025.
In view of the above decisions as well as the fact that statutory
remedy is available under law, this Court is not inclined to entertain the
present petition in exercise of power under Article 226 of the Constitution
of India and Sec.528 of BNSS. Accordingly, present petition is dismissed. It is
made clear that this Court has not gone into the merits of the matter.
However, the petitioner is at liberty to file appropriate proceedings before
appropriate forum. Rule discharged.
(HASMUKH D. SUTHAR,J)
Radhika
