Mohammedsafi Abdul Salam Badam vs State Of Gujarat
2025 Latest Caselaw 5095 Guj

Gujarat High Court

Mohammedsafi Abdul Salam Badam vs State Of Gujarat on 24 June, 2025

                                                                                                            NEUTRAL CITATION




                           R/CR.MA/25377/2024                                 ORDER DATED: 24/06/2025

                                                                                                            undefined




                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                                               25377 of 2024

                               In F/CRIMINAL REVISION APPLICATION NO. 48754 of 2024

                      ==========================================================
                                           MOHAMMEDSAFI ABDUL SALAM BADAM
                                                        Versus
                                               STATE OF GUJARAT & ANR.
                      ==========================================================
                      Appearance:
                      MR. ALTAF Y CHARKHA(7271) for the Applicant(s) No. 1
                      MS DIMPLE A THAKER(6838) for the Respondent(s) No. 2
                      MS. JYOTI BHATT APP for the Respondent(s) No. 1
                      ==========================================================

                        CORAM:HONOURABLE MR.JUSTICE L. S. PIRZADA

                                                          Date : 24/06/2025
                                                           ORAL ORDER

Rule. Learned APP waives service for the respondent -

State.

Heard the learned advocate for the applicant and further

it is submitted by him that the present application has been

preferred to condone the delay of 14 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,

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.

NEUTRAL CITATION

R/CR.MA/25377/2024 ORDER DATED: 24/06/2025

undefined

The present applicant - accused is in judicial custody

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

required to be condoned.

On the other hand, learned advocate Ms. Dimple A.

Thaker for the respondent no.2 submitted no plausible

explanation has been given. Hence, the application should be

dismissed.

Heard the rival submissions made by learned advocates

for the parties.

Considering the reasons stated in the application that

the applicant - accused has to arrange for the finance in

engaging an advocate and the present applicant - accused is

in judicial custody, the explanation given is found to be

genuine and satisfactory to this court. Delay is to be

condoned.

Accordingly, the present application stands allowed.

Delay of 14 days in preferring the criminal revision

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

aforesaid extent.

(L. S. PIRZADA, J) JCP