PUKHYA TECHNICAL SOLUTIONS PVT. LTD. THRO HIRENKUMAR NATVARLAL PATELversusSTATE OF GUJARAT
- Disposal
- 53-ALLOWED / GRANTED @ ADM.STAGE
- Bench
- GITA GOPI
Holding
The order dated 13 March 2026 directing deposit of 20% of the cheque amount is recalled as the issue requires a proper hearing.
Summary
The petitioners, Pukhya Technical Solutions Pvt. Ltd. and others, sought recall of the High Court's order dated 13 March 2026 which directed them to deposit 20% of a cheque amount before the appellate court while their sentence suspension was being considered. They argued that the issue required a full hearing and that the direction caused undue delay. The respondents, the State of Gujarat, contended that the deposit direction should remain to avoid further postponement. The Court examined the earlier order of 10 February 2026 and the submissions, noting that the matter indeed required a hearing. Consequently, the Court recalled the 13 March 2026 order and allowed the recall application, directing that the main matter be listed for hearing on 9 April 2026.
Issues considered
- Whether the direction to deposit 20% of the cheque amount pending suspension of sentence should stand pending a hearing
- Whether the order dated 13 March 2026 directing such deposit should be recalled
Subjects
Judgment
R/CR.MA/6902/2026 ORDER DATED: 27/03/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (RECALL) NO. 6902 of 2026
In
R/CRIMINAL REVISION APPLICATION/352/2026
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PUKHYA TECHNICAL SOLUTIONS PVT. LTD. THRO HIRENKUMAR
NATVARLAL PATEL & ORS.
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR RJ GOSWAMI(1102) for the Applicant(s) No. 1,2,3
MR BHARGAV PANDYA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 27/03/2026
ORDER
1. Learned advocate Mr. R.J. Goswami for the applicants, by
referring to the order dated 10.2.2026, has brought to the
notice of this Court that the dispute is with regard to the
direction of depositing 20% of the cheque amount before the
Appellate Court while considering the suspension of the
sentence passed by the Trial Court and thus, according to
learned advocate Mr. Goswami, the order of this Court dated
13.3.2026 is required to be recalled.
2. Learned advocate Mr. S.D. Motwani for learned advocate Mr.
Dipak R. Dave has submitted that if the revisionists want
hearing of the matter, appropriate directions be issued to
deposit 20% of the cheque amount so as to avoid delay and
to ensure that the matter can be heard on merits.
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R/CR.MA/6902/2026 ORDER DATED: 27/03/2026
3. Having considered the order dated 10.2.2026 and the
submissions so made, notice was issued to the other side on
the contentions raised challenging the order of 20% deposit of
the cheque amount and in the meantime, interim relief came
to be granted.
4. Since the issue regarding suspension of the condition directing
deposit of 20% of the cheque amount requires hearing, and
the same has been appropriately brought before this Court,
the order dated 13.3.2026 is hereby recalled. Accordingly, the
present application is allowed.
5. Registry is directed to list the main matter for hearing on
9.4.2026.
(GITA GOPI,J)
Maulik
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MAULIK RAJESH PANDYA(HC00205), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 27/03/2026 17:58:08
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