High Court of Gujarat

M/S HDFC BANK LTD. THRO HIMANSHU R. KADIYAversusSTATE OF GUJARAT

Disposal: 40-WITHDRAWN @ FH
Bench: SANJEEV THAKER

Holding

The Court held that, upon the appellant's request and settlement of the dispute, the appeal may be withdrawn and disposed of as withdrawn.

Summary

In Criminal Appeal No. 431 of 2020, HDFC Bank Ltd. (through Himanshu R. Kadiya) appealed against the acquittal of the State of Gujarat. The appellant informed the Court that the disputed amount had been paid and the account settled. Consequently, the appellant sought the Court's permission to withdraw the appeal. The learned counsel for the appellant, Mr. Dushyant C. Bhatt, submitted the withdrawal request. Justice Sanjeev J. Thaker granted permission to withdraw, ordering the appeal to be disposed of as withdrawn and directing the record to be sent back to the trial court.

Issues considered

What is the appropriate procedure for withdrawing a criminal appeal after settlement of the dispute?

Subjects

withdrawal of appealcriminal proceduresettlement of disputeappeal against acquittal

Judgment

         R/CR.A/431/2020                                                              ORDER DATED: 02/04/2026




                 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/CRIMINAL APPEAL (AGAINST ACQUITTAL) NO. 431 of 2020

==========================================================
                   M/S HDFC BANK LTD. THRO HIMANSHU R. KADIYA
                                      Versus
                            STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR DUSHYANT C BHATT for MR PM DAVE(263) for the Appellant(s) No. 1
PUBLIC PROSECUTOR for the Opponent(s)/Respondent(s) No. 1
RULE SERVED for the Opponent(s)/Respondent(s) No. 2
==========================================================

   CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                                Date : 02/04/2026

                                                   ORAL ORDER


                      Learned advocate for the appellant submits that

the amount has already been paid and the account is settled.

He, therefore, under the instructions, seeks permission to

withdraw this appeal. Permission, as prayed for, is granted.

This         appeal           is     disposed             of      as       withdrawn.                Record            and

proceedings, if any, be sent back to the concerned trial Court,

forthwith.


                                                                                    (SANJEEV J.THAKER,J)
M.H. DAVE/111

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MAHESHKUMAR HASMUKHLAL DAVE(HC00193), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 02/04/2026 14:54:57




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