High Court of Gujarat

KIRANBHAI GOPICHAND DODAversusKARMANBHAI JESINGBHAI BHARVAD

Disposal: 40-WITHDRAWN @ FH
Bench: HASMUKH D SUTHAR

Holding

The High Court may permit withdrawal of a criminal revision application without examining its merits, provided it reserves liberty for the applicant to approach the appropriate forum later.

Summary

The applicant filed a criminal revision application challenging an acquittal under the Negotiable Instruments Act. The applicant later sought the court's permission to withdraw the revision but asked that the court reserve liberty to file appropriate proceedings later. The court considered the request and, without examining the merits of the revision, granted permission to withdraw the application while reserving such liberty. Consequently, the revision application was disposed of as withdrawn. No substantive discussion on the merits of the acquittal was made.

Issues considered

Whether the High Court can grant permission to withdraw a criminal revision application while reserving liberty for future proceedings

Subjects

criminal revisionwithdrawal of applicationNegotiable Instruments Actprocedural lawcourt discretion

Judgment

       R/CR.RA/85/2021                                                         ORDER DATED: 23/03/2026




 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

   R/CRIMINAL REVISION APPLICATION (AGAINST ACQUITTAL -
           NEGOTIABLE INSTRUMENT ACT) NO. 85 of 2021
==========================================================
                   KIRANBHAI GOPICHAND DODA
                              Versus
              KARMANBHAI JESINGBHAI BHARVAD & ANR.
==========================================================
Appearance:
MS HONEY H THAKKAR for MR PARAS K SUKHWANI(8284) for the
Applicant(s) No. 1
MR DR BHATT(165) for the Respondent(s) No. 1
MR ROHAN RAVAL, APP for the Respondent(s) No. 2
==========================================================
  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                          Date : 23/03/2026
                                           ORAL ORDER

        Learned advocate Ms. Honey Thakkar for learned advocate Mr.
Paras      Sukhwani            appearing            for      the       applicant,           upon        written
communication dated 21.03.2026, which is taken on record, seeks
permission to withdraw the present application however has
requested to reserve liberty in favor of the applicant to >le
appropriate proceeding before appropriate forum.

        Permission as prayed for is granted. Present application is
disposed of as withdrawn with above liberty. It is made clear that this
Court has not examined the merits of the case. Rule is hereby
discharged.



                                                                      (HASMUKH D. SUTHAR, J.)

Ajay
  Original copy of this order has been signed by the Hon'ble Judge.
  Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 23/03/2026 14:51:34




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