Soni Kanalbhai Jayantilal vs State Of Gujarat
2025 Latest Caselaw 4988 Guj

Gujarat High Court

Soni Kanalbhai Jayantilal vs State Of Gujarat on 20 June, 2025

                                                                                                                  NEUTRAL CITATION




                            R/CR.MA/8473/2025                                    ORDER DATED: 20/06/2025

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                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                                               8473 of 2025

                               In F/CRIMINAL REVISION APPLICATION NO. 16731 of 2025

                      ==========================================================
                                                  SONI KANALBHAI JAYANTILAL
                                                            Versus
                                                   STATE OF GUJARAT & ANR.
                      ==========================================================
                      Appearance:
                      MR. VARUN G RAI(7135) for the Applicant(s) No. 1
                      MR NADEEM B MANSURI(11332) for the Respondent(s) No. 2
                      MS. JYOTI BHATT APP for the Respondent(s) No. 1
                      ==========================================================

                         CORAM:HONOURABLE MR.JUSTICE L. S. PIRZADA

                                                           Date : 20/06/2025

                                                             ORAL ORDER

1. Rule. Learned APP waives service for the respondent -

State.

2. Heard the learned advocate for the applicant and heard

the learned advocate Mr. Nadeem B. Mansuri for the

respondent no.2 - original complainant. Further, it is

submitted by him that the present application has been

preferred to condone the delay of 357 days in preferring the

Criminal Revision Application against the judgment passed by

the learned Trial Court, convicting the present applicant -

accused under Section 138 of the Negotiable Instruments Act,

NEUTRAL CITATION

R/CR.MA/8473/2025 ORDER DATED: 20/06/2025

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1881 and the learned Sessions Court has also dismissed the

appeal of the present applicant - accused and confirmed the

judgment passed by the learned Trial Court.

3. The present applicant - accused is in judicial custody

and the delay is unintentional. So, the delay caused is

required to be condoned. Further, it is submitted that the

present applicant is not aware about the legal proceedings

and the financial condition of the petitioner is not good and

because of that the there was a delay of 357 days in

preferring the criminal revision application.

4. Considering the fact that the present applicant - accused

is also in judicial custody, the explanation given is found to be

genuine and satisfactory to this court. Delay is to be

condoned.

5. Accordingly, the present application stands allowed.

6. Delay of 357 days in preferring the criminal revision

application is to be condoned. Rule is made absolute to the

aforesaid extent.

(L. S. PIRZADA, J) JCP