PUKHYA RASAYAN PVT. LTD. THRO ITS DIRECTOR HIRENKUMAR NATVARLAL PATELversusSTATE OF GUJARAT
- Disposal
- 53-ALLOWED / GRANTED @ ADM.STAGE
- Bench
- GITA GOPI
Holding
The Court recalled the order dated 13 March 2026 directing a 20% deposit, as the issue required a hearing.
Summary
The petitioners, Pukhya Rasayan Pvt. Ltd. and its directors, challenged an order directing them to deposit 20% of a cheque amount before the appellate court while their sentence suspension was under consideration. They sought recall of the order dated 13 March 2026, arguing it caused undue delay. The respondents, the State of Gujarat, contended that the deposit condition should remain to avoid further postponement. The High Court examined the earlier order of 10 February 2026, issued notice to the respondents, and noted that interim relief had been granted. Finding that the dispute over the deposit condition required a full hearing, the Court recalled the 13 March order and allowed the recall application, directing the main matter to be listed for hearing on 9 April 2026.
Issues considered
- Whether the order directing the petitioner to deposit 20% of the cheque amount pending suspension of the sentence should stand pending a hearing
- Whether the recall of the order dated 13 March 2026 is appropriate
Subjects
Judgment
R/CR.MA/6868/2026 ORDER DATED: 27/03/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (RECALL) NO. 6868 of 2026
In
R/CRIMINAL REVISION APPLICATION/353/2026
==========================================================
PUKHYA RASAYAN PVT. LTD. THRO ITS DIRECTOR HIRENKUMAR
NATVARLAL PATEL & ORS.
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR RJ GOSWAMI(1102) for the Applicant(s) No. 1,2,3
MR BHARGAV PANDYA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 27/03/2026
ORDER
1. Learned advocate Mr. R.J. Goswami for the applicants, by
referring to the order dated 10.2.2026, has brought to the
notice of this Court that the dispute is with regard to the
direction of depositing 20% of the cheque amount before the
Appellate Court while considering the suspension of the
sentence passed by the Trial Court and thus, according to
learned advocate Mr. Goswami, the order of this Court dated
13.3.2026 is required to be recalled.
2. Learned advocate Mr. S.D. Motwani for learned advocate Mr.
Dipak R. Dave has submitted that if the revisionists want
hearing of the matter, appropriate directions be issued to
deposit 20% of the cheque amount so as to avoid delay and
to ensure that the matter can be heard on merits.
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R/CR.MA/6868/2026 ORDER DATED: 27/03/2026
3. Having considered the order dated 10.2.2026 and the
submissions so made, notice was issued to the other side on
the contentions raised challenging the order of 20% deposit of
the cheque amount and in the meantime, interim relief came
to be granted.
4. Since the issue regarding suspension of the condition directing
deposit of 20% of the cheque amount requires hearing, and
the same has been appropriately brought before this Court,
the order dated 13.3.2026 is hereby recalled. Accordingly, the
present application is allowed.
5. Registry is directed to list the main matter for hearing on
9.4.2026.
(GITA GOPI,J)
Maulik
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MAULIK RAJESH PANDYA(HC00205), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 27/03/2026 18:00:08
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