NAKUM JAMAN MAVJIversusSTATE OF GUJARAT

    R/SCR.A/6720/2026                           ORDER DATED: 27/05/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

  R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 6720 of 2026

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                          NAKUM JAMAN MAVJI
                                 Versus
                        STATE OF GUJARAT & ANR.
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Appearance:
MR. HARDIK B KORADIYA(9955) for the Applicant(s) No. 1
PUBLIC PROSECUTOR for the Respondent(s) No. 1
RULE SERVED BY DS for the Respondent(s) No. 2
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 CORAM:HONOURABLE MR.JUSTICE D.N.RAY

                            Date : 27/05/2026
                             ORAL ORDER


   1. Heard learned advocate Mr. Hardik Koradiya for the

      applicant and learned Additional Public Prosecutor

      Ms. Maithili Mehta for the respondents.



   2. By way of the present petition, the petitioner has

      challenged the order dated 27.04.2026 passed by the

      learned Principal District & Sessions Judge, Devbhumi

      Dwarka at Khambhalia in C.R.M.A. No. 151 of 2026,

      whereby while allowing the application for condonation of

      delay, the learned Judge imposed a condition directing

      deposit of the entire cheque amount of Rs. 9,30,000/-.

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 R/SCR.A/6720/2026                        ORDER DATED: 27/05/2026




3. The facts of the case are that a complaint was filed by the

   complainant under Section 138 of the Negotiable

   Instruments Act, 1881 (hereinafter referred to as “the NI

   Act”) on account of dishonour of the cheque issued by the

   petitioner.



4. The petitioner preferred an appeal against the order of

   conviction. Along with the appeal, an application being

   C.R.M.A. No. 151 of 2026 for condonation of delay was

   filed. The learned Principal District & Sessions Judge,

   Devbhumi Dwarka at Khambhalia allowed the said

   application; however, while doing so, imposed a condition

   directing the petitioner to deposit the entire cheque amount

   of Rs. 9,30,000/-.



5. Being aggrieved and dissatisfied with the aforesaid order,

   the present petition has been filed.




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         R/SCR.A/6720/2026                                                              ORDER DATED: 27/05/2026




       6. Having heard the learned counsel for the parties and

             considering the facts and circumstances of the case, the

             impugned condition directing deposit of the entire cheque

             amount appears to be onerous and excessive. Interest of

             justice would be served if a modified condition is imposed.



       7. Accordingly, the petition is allowed. The impugned

             condition directing deposit of the entire cheque amount is

             hereby set aside and modified. Instead, the petitioner is

             directed to deposit 20% of the cheque amount as a

             condition for condonation of delay before the learned trial

             Court . Rule is made absolute to the aforesaid extent.

             Direct service is permitted.




                                                                                                         (D.N.RAY,J)
  JYOTI V. JANI


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: JYOTIBEN VINODKUMAR JANI(HC00213), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 27/05/2026 15:00:33




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