Gujarat High Court
Harish Nanakram Rupani Prop. Jamna ... vs State Of Gujarat on 24 June, 2025
NEUTRAL CITATION
R/CR.RA/469/2025 ORDER DATED: 24/06/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 469 of 2025
With
CRIMINAL MISC.APPLICATION (TEMPORARY BAIL) NO. 1 of 2025
In R/CRIMINAL REVISION APPLICATION NO. 469 of 2025
With
CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE) NO.
3 of 2025
In R/CRIMINAL REVISION APPLICATION NO. 469 of 2025
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HARISH NANAKRAM RUPANI PROP. JAMNA KARIYANA STORE
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR DHRUV K DAVE(6928) for the Applicant(s) No. 1
MR DHARM K RAVAL(10689) for the Respondent(s) No. 2
MS. JYOTI BHATT APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE L. S. PIRZADA
Date : 24/06/2025
ORAL ORDER
Rule. Learned APP waives service for the respondent -
State.
By consent of the parties, the matter has been taken for
the final hearing. Heard the learned advocate for the
applicant and it is submitted by him that the present applicant
- accused is in judicial custody. The present applicant -
accused has been initially convicted by the Special N.I. Act
Court, Vadodara in Criminal Case no.46559 of 2010 and the
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R/CR.RA/469/2025 ORDER DATED: 24/06/2025
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present applicant - accused was convicted under Section 138
of the Negotiable Instruments Act, 1881 and sentenced him to
two years simple imprisonment by the judgment and order
dated 06.06.2023 and the same was challenged by the present
applicant - accused by preferring criminal appeal before the
learned 3rd Additional Sessions Judge, Vadodara in Criminal
Appeal No.371 of 2023. The learned Sessions Court has
dismissed the appeal for default on the ground that the 20% of
the amount as ordered by the learned Sessions Court vide
Exhibit-4 has not been paid, so, the conviction appeal cannot
be dismissed for default. Hence, the matter is required to be
remanded back. Learned advocate in support of his
arguments, has relied upon the judgment of Parasuram Patel
& Another Vs. State of Orissa reported in 1994 (4) SCC 664 as
well as Bani Singh & Ors. Vs. State of U.P. reported in 1996
(4) SCC 720 and the judgment of the Hon'ble Apex Court in
the case of P. Sethu Vs. R. Selvakumaran passed in Crl.R.C.
(MD).No.519 of 2024 and submitted that the conviction
appeal is always to be decided on merits and it cannot be
dismissed for default, and the matter is required to be
remanded back.
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R/CR.RA/469/2025 ORDER DATED: 24/06/2025
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On the other hand, learned advocate for the respondent
submitted that the conduct of the present applicant is not
proper. Even initially, the appeal has been preferred before
the learned Sessions Court, Vadodara, in Criminal Appeal
No.188 of 2017, and matter was remanded back to the
learned Trial Court, but the direction of that order has not
been complied. Hence, necessary order is to be passed.
Considering the rival submissions of both the learned
advocates for the parties, and perusing the judgments on
which the learned advocate for the applicant has relied upon,
it is settled principle of law that conviction appeal cannot be
dismissed for default, and it is always desirable by the Court
to decide the conviction appeal on merits only. In case, the
applicant or his counsel is not remained present before the
Court, then, the Court has to appoint any lawyer as amicus
and proceed further with the appeal.
Considering this, the present case in hand is concerned,
the learned Sessions Court has dismissed the appeal only on
the ground that 20% of the amount has not been paid as the
present revision application requires consideration and the
order passed by the learned 3 rd Additional Sessions Judge is
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required to be set aside as conviction appeal has been
dismissed for default by the learned Sessions Court.
In view of the above, present revision application is
hereby allowed and the order passed by learned 3 rd Additional
and District Sessions Judge, Vadodara in Criminal Appeal
No.371 of 2023 passed below Exhibit-1 is hereby quashed and
set aside. The matter has been remanded back to the learned
Sessions Court, Vadodara, to decide the same on merits, and
the Criminal Appeal No.371 of 2023 has been restored in file
of learned Sessions Court, Vadodara and learned Sessions
Judge without influence by the observations made by this
Court, has to decide the Criminal Appeal No.371 of 2023 as
expeditiously as possible preferably within three months from
the date of receipt of writ of this order.
Further, the present applicant is in judicial custody. He
may be released immediately from jail, if not required in any
other case. Further, it has been directed that the present
applicant - accused has to remain present before the learned
Sessions Court in Criminal Appeal No.371 of 2013 on
04.07.2025.
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R/CR.RA/469/2025 ORDER DATED: 24/06/2025
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All other criminal miscellaneous applications connected
with the main matter do not survive.
The present application is allowed. Rule is made
absolute.
Direct Service is permitted.
(L. S. PIRZADA, J)
JCP
