High Court of Gujarat

KIRITDAN RAJUDAN BAROTversusSTATE OF GUJARAT

Disposal: 43-DISMISSED FOR DEFAULT @ FH
Bench: SANJEEV THAKER

Holding

The appeal is dismissed for want of prosecution as the appellant did not appear and no adjournment was sought.

Summary

The appellant Kiritdan Rajudan Barot filed a criminal appeal against an acquittal under Section 138 of the Negotiable Instruments Act. The appeal was scheduled before the High Court of Gujarat, but the appellant failed to appear on the second call and did not seek any adjournment. The respondent’s counsel was present, and the matter pertained to the order of the learned Magistrate Court. The presiding judge noted the appellant’s non‑appearance and the absence of any request for postponement. Consequently, the court dismissed the appeal for want of prosecution, emphasizing that procedural compliance is essential for the continuation of criminal appeals.

Issues considered

Whether an appeal under Section 138 of the Negotiable Instruments Act can proceed when the appellant fails to appear and makes no request for adjournment

Legislation cited

Negotiable Instruments Acts. 138

Subjects

Criminal AppealSection 138 NI ActWant of ProsecutionAcquittalProcedural DefaultHigh Court of Gujarat

Judgment

                  R/CR.A/1352/2024                                                ORDER DATED: 30/04/2026




                         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                  R/CRIMINAL APPEAL (AGAINST ACQUITTAL) NO. 1352 of 2024

           ==========================================================
                                           KIRITDAN RAJUDAN BAROT
                                                    Versus
                                           STATE OF GUJARAT & ANR.
           ==========================================================
           Appearance:
           DARSHIT R BRAHMBHATT(8011) for the Appellant(s) No. 1
           BAILABLE WARRANT NOT RECEIVED BACK for the
           Opponent(s)/Respondent(s) No. 2
           MR MOHD. SHAHRUKH M SAIYAD (11014) for the
           Opponent(s)/Respondent(s) No. 2
           MS SHRUTI PATHAK, APP for the Opponent(s)/Respondent(s) No. 1
           ==========================================================

              CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                                   Date : 30/04/2026

                                                     ORAL ORDER


                    None present for the applicant when the matter is

           called       out       in     the      second         call,     nor       any       request          for

           adjournment is made.



                    As the matter pertains to the Order passed passed by

           the      learned       Magistrate           Court,       under       Section        138     of       the

           Negotiable Instruments Act, the matter is dismissed for want

           of prosecution.


                                                                                 (SANJEEV J.THAKER,J)
           URIL RANA


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RANA URIL K(HC01406), PRIVATE SECRETARY, at High Court of Gujarat on 30/04/2026 16:49:18




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