High Court of Gujarat

SHREYAS CO-OP CREDIT SOCIETY LTD. THRO' ITS ACCOUNTANTversusSTATE OF GUJARAT

Disposal: 97-DISPOSED AS TRANSFER TO DISTRICT/SESSION COURT N.I. ACT.
Bench: SANJEEV THAKER

Holding

The appeal is dismissed for want of prosecution due to the appellant's failure to appear.

Summary

Shreyas Co‑op Credit Society Ltd., through its accountant, appealed a criminal conviction against the State of Gujarat. The appeal, filed in 2009, was heard on 28 January 2026. The appellant’s counsel did not appear, nor was any request for adjournment made. The bench noted a prior order on 6 September 2023 observing the same non‑appearance. Since the matter had been pending for many years without representation, the court dismissed the appeal for want of prosecution.

Issues considered

What is the appropriate consequence when an appellant fails to appear and no adjournment is sought, resulting in prolonged pendency of the appeal?

Subjects

criminal appealwant of prosecutionnon‑appearancedefault dismissalprocedural default

Judgment

            R/CR.A/290/2009                                                                ORDER DATED: 28/01/2026




                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                  R/CRIMINAL APPEAL NO. 290 of 2009

   ==========================================================
        SHREYAS CO-OP CREDIT SOCIETY LTD. THRO' ITS ACCOUNTANT
                                Versus
                       STATE OF GUJARAT & ANR.
   ==========================================================
   Appearance:
   MR RC JANI(357) for the Appellant(s) No. 1
   BAILABLE WARRANT UNSERVED for the Opponent(s)/Respondent(s) No. 2
   MS SHRUTI PATHAK, APP for the Opponent(s)/Respondent(s) No. 1
   RULE NOT RECD BACK for the Opponent(s)/Respondent(s) No. 2
   ==========================================================

      CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                                     Date : 28/01/2026

                                                       ORAL ORDER


                         None present for the appellant when the matter is

   called out nor any request for adjournment is made.

                         The         coordinate              Bench            has        observed             vide         order

   dated 6.9.2023 that on the said date, the learned advocate

   for the appellant did not appear and assist the Court.

                         In view of the fact that the matter is pending

   since          the         year          2009           and          even          today,            there          is       no

   representation,                    the         matter             is       dismissed                for        want           of

   prosecution.


                                                                                          (SANJEEV J.THAKER,J)
   SRILATHA



Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SRILATHA VENKATARAO UPADHYAYULA(HC00185), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 28/01/2026 17:40:47




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