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High Court of Gujarat

BALVANTBHAI AMBALAL PATELversusSTATE OF GUJARAT

Disposal
38-RULE ABSOLUTE/ALLOWED @ FH

Holding

The Court condoned the delay and restored the appeal.

Summary

The High Court of Gujarat dismissed a criminal appeal because the applicant’s counsel was absent. The applicant then filed a criminal miscellaneous application seeking condonation of a 119‑day delay in filing a restoration application, arguing that the appeal, which challenges a Judicial Magistrate’s order under the NI Act, should be transferred in line with the precedent set in Celestium Financial v. A. Gyanesekaran (2025 INSC 804). The Court heard the applicant’s counsel, examined the reasons for the delay, and found them sufficient. Consequently, the Court allowed the condonation of delay and restored the main appeal, permitting it to be pursued further. The order was signed by Justice Sanjeev J. Thaker.

Issues considered

  • Whether a delay of 119 days in filing a restoration application can be condoned.
  • Whether the dismissed criminal appeal can be restored despite the earlier dismissal for non‑appearance of counsel.

Legislation cited

Subjects

condonation of delayrestoration of appealprocedural lawcriminal appealabsence of counselHigh Court of Gujarat

Judgment

     R/CR.MA/15998/2026                                     ORDER DATED: 29/07/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                        15998 of 2026

                In R/CRIMINAL MISC.APPLICATION/17657/2026
                      In R/CRIMINAL APPEAL/1759/2025

                                With
             R/CRIMINAL MISC.APPLICATION NO. 17657 of 2026
                                  In
                  R/CRIMINAL APPEAL NO. 1759 of 2025
==========================================================
                          BALVANTBHAI AMBALAL PATEL
                                    Versus
                           STATE OF GUJARAT & ANR.
==========================================================
Appearance:
KEVAL H MAHARAJA(9062) for the Applicant(s) No. 1
MR NIRAJ SHARMA, APP for the Respondent(s) No. 1
==========================================================
 CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                  Date : 29/07/2026

                                   ORAL ORDER

1.      By an order dated 09.02.2026, this Court dismissed the

appeal, in view of the fact that learned advocate for the

applicant was not present.



2.      Learned advocate for the applicant has filed the present

application        for    restoration      of     the   appeal    alongwith           the

application        for    delay   of    119      days   caused    in    filing        the

restoration application. Learned advocate for the applicant

submits that the appeal is filed challenging the order passed

by Judicial Magistrate First Class, under the provisions of NI

Act and the same is required to be transferred in view of




                                        Page 1 of 2
     R/CR.MA/15998/2026                                                              ORDER DATED: 29/07/2026




the judgement in case of M/s Celestium Financial vs A.

Gyanesekaran 2025 INSC 804.


3.        Having heard learned advocate for the applicant and

having considered the application, sufficient reasons have been

stated in the application for condoning the delay and for

restoration of the appeal.



4.        In view of the same, the delay caused in filing the

restoration application is allowed. Both the applications are

allowed. The main appeal is restored to file.




                                                                                  (SANJEEV J.THAKER,J)
PD
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PARUL DUTTA(HCD0073), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 29/07/2026 16:55:11




                                                      Page 2 of 2


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