Rajput Vijaysinh Natwarsinh ... vs State Of Gujarat
2025 Latest Caselaw 4765 Guj

Gujarat High Court

Rajput Vijaysinh Natwarsinh ... vs State Of Gujarat on 16 June, 2025

                                                                                                           NEUTRAL CITATION




                            R/SCR.A/5891/2025                                ORDER DATED: 16/06/2025

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                        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                        R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 5891 of 2025
                                                      With
                              R/SPECIAL CRIMINAL APPLICATION NO. 5892 of 2025
                                                      With
                              R/SPECIAL CRIMINAL APPLICATION NO. 5895 of 2025
                                                      With
                              R/SPECIAL CRIMINAL APPLICATION NO. 5906 of 2025
                                                      With
                              R/SPECIAL CRIMINAL APPLICATION NO. 5951 of 2025
                                                      With
                              R/SPECIAL CRIMINAL APPLICATION NO. 5953 of 2025
                                                      With
                              R/SPECIAL CRIMINAL APPLICATION NO. 5955 of 2025
                       ==========================================================
                           RAJPUT VIJAYSINH NATWARSINH PROPRIETOR OF JAY GOPAL
                                              TRADING COMPANY
                                                      Versus
                                           STATE OF GUJARAT & ANR.
                       ==========================================================
                       Appearance:
                       MS ALPA J DAVE(3924) for the Applicant(s) No. 1
                       MR ROHAN N SHAH, APP for the Respondent(s) No. 1
                       ==========================================================
                         CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                                         Date : 16/06/2025
                                                       COMMON ORAL ORDER

When the matters are called out, learned advocate for the petitioner is absent however, with the assistance of learned APP, matters are taken up for final hearing today.

By way of present batch of petitions, common petitioner has sought quashment of order dated 13.03.2025 passed below respective applications filed by the petitioner requesting to hear all the criminal appeals filed by the petitioner against his conviction in different criminal cases for the offence under

NEUTRAL CITATION

R/SCR.A/5891/2025 ORDER DATED: 16/06/2025

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Section 138 of the Negotiable Instruments Act, 1881, whereby the learned 4th Additional Sessions Judge, at Visnagar, District Mahesana has been pleased to reject the said applications.

Having heard learned APP appearing for respondent - State of Gujarat and perusing the record, it appears that present petitioner has been convicted for the offence under Section 138 of the Negotiable Instruments Act, 1881 in different criminal cases against which the petitioner filed different criminal appeals challenging his conviction and sentence and in the pending criminal appeals, petitioner filed applications requesting to consolidate all the criminal appeals and hear them together on the same day.

It is needless to say that when separate judgment is passed and separate cases / appeals are registered on separate cause of action and separate conviction is recorded and sentence is passed, each criminal appeal is required to be decided on its own merits and therefore, question does not arise to decided the same as per the convenience of the accused. The accused / party may request the Court for accommodation and hence, in view of decision of Hon'ble Supreme Court in the case of K. Padmaraj Rani vs. The State of Telangana & Anr. reported in 2023 LiveLaw (SC) 584, no case is made out to entertain the present batch of petitions in exercise of powers under Article 226 of the Constitution of India. Hence, present petitions are dismissed.

(HASMUKH D. SUTHAR, J.) Ajay