ABHISHEKSINH SURENDRASINH LODHAversusSTATE OF GUJARAT
- Disposal
- DISPOSED AS INFRUCTUOUS
- Bench
- P M RAVAL
Holding
The pending application is deemed infructuous and is disposed of because the substantive criminal case has been finally decided with a conviction.
Summary
The applicant filed a criminal miscellaneous application seeking to quash and set aside the FIR and order in Criminal Case No. 176/2019. While the application was pending, the substantive case was concluded on 30 October 2025, resulting in the applicant's conviction under Section 138 of the Negotiable Instruments Act, 1881, with a two‑year simple imprisonment and a fine of double the cheque amount, plus compensation under Section 357(1)(b) of the CrPC. The court held that, because the main case had already been finally decided and the applicant convicted, the pending application became infructuous. Consequently, the application was disposed of without further hearing. The order was pronounced by Justice P. M. Raval on 15 June 2026.
Issues considered
- What is the effect of a final conviction on a pending criminal miscellaneous application for quashment?
Legislation cited
- Code of Criminal Procedure, 1973s. 357(1)(b)
- Negotiable Instruments Act, 1881s. 138
Subjects
Judgment
R/CR.MA/17275/2023 ORDER DATED: 15/06/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 17275 of 2023
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ABHISHEKSINH SURENDRASINH LODHA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
ANKIT N MEHTA(7302) for the Applicant(s) No. 1
ROHAN SHAH APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL
Date : 15/06/2026
ORAL ORDER
1. It transpires that pending the present application, the
Criminal Case No. 176/2019 came to be finally disposed of vide
judgment and order dated 30.10.2025, wherein, the present
Applicant came to be convicted for 2 years simple imprisonment
for the offence under Section 138 of the Negotiable Instruments
Act,1881 and the Applicant is also ordered to pay the double
times of cheque amount as Fine and in case of default thereof,
further SI for six months. The Applicant was further ordered that
the amount of fine be paid to the present complainant as the
compensation under Section 357(1)(b) of the CRPC within 30
days from the date of order.
2. In view of the fact that the Criminal Case No. 176/2019
culminated into conviction of the present Applicant, the present
application has become infructuous and does not survive. The
captioned application stands disposed of accordingly.
(P. M. RAVAL, J)
MMP
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MAHENDRA MOHANBHAI PUROHIT(HCD0074), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 15/06/2026
14:41:04
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