BALVANTBHAI AMBALAL PATELversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
The Court condoned the delay and restored the appeal.
Summary
The High Court of Gujarat dismissed a criminal appeal because the applicant’s counsel was absent. The applicant then filed a criminal miscellaneous application seeking condonation of a 119‑day delay in filing a restoration application, arguing that the appeal, which challenges a Judicial Magistrate’s order under the NI Act, should be transferred in line with the precedent set in Celestium Financial v. A. Gyanesekaran (2025 INSC 804). The Court heard the applicant’s counsel, examined the reasons for the delay, and found them sufficient. Consequently, the Court allowed the condonation of delay and restored the main appeal, permitting it to be pursued further. The order was signed by Justice Sanjeev J. Thaker.
Issues considered
- Whether a delay of 119 days in filing a restoration application can be condoned.
- Whether the dismissed criminal appeal can be restored despite the earlier dismissal for non‑appearance of counsel.
Legislation cited
Subjects
Judgment
R/CR.MA/15998/2026 ORDER DATED: 29/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
15998 of 2026
In R/CRIMINAL MISC.APPLICATION/17657/2026
In R/CRIMINAL APPEAL/1759/2025
With
R/CRIMINAL MISC.APPLICATION NO. 17657 of 2026
In
R/CRIMINAL APPEAL NO. 1759 of 2025
==========================================================
BALVANTBHAI AMBALAL PATEL
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
KEVAL H MAHARAJA(9062) for the Applicant(s) No. 1
MR NIRAJ SHARMA, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 29/07/2026
ORAL ORDER
1. By an order dated 09.02.2026, this Court dismissed the
appeal, in view of the fact that learned advocate for the
applicant was not present.
2. Learned advocate for the applicant has filed the present
application for restoration of the appeal alongwith the
application for delay of 119 days caused in filing the
restoration application. Learned advocate for the applicant
submits that the appeal is filed challenging the order passed
by Judicial Magistrate First Class, under the provisions of NI
Act and the same is required to be transferred in view of
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R/CR.MA/15998/2026 ORDER DATED: 29/07/2026
the judgement in case of M/s Celestium Financial vs A.
Gyanesekaran 2025 INSC 804.
3. Having heard learned advocate for the applicant and
having considered the application, sufficient reasons have been
stated in the application for condoning the delay and for
restoration of the appeal.
4. In view of the same, the delay caused in filing the
restoration application is allowed. Both the applications are
allowed. The main appeal is restored to file.
(SANJEEV J.THAKER,J)
PD
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PARUL DUTTA(HCD0073), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 29/07/2026 16:55:11
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