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High Court of Gujarat

MALEK SARFARAZMIYA YASINMIYAversusSTATE OF GUJARAT

Disposal
46-ANY OTHER MODE @ FH

Holding

The revision application stands disposed of as it was not pressed with the liberty to file a restoration or delay application.

Summary

The applicant, Malek Sarfarazmiya Yasinmiya, filed a criminal revision application against his conviction under the Negotiable Instruments Act. The applicant's counsel did not seek the liberty to file a restoration or delay application alongside the revision. The court observed that the application was not pressed with the requisite liberty and therefore could not be entertained. Consequently, the court disposed of the application without examining the merits of the conviction. No substantive discussion on the underlying criminal matter was undertaken. The order was pronounced by Justice Hasmukh D. Suthar on 10 April 2026.

Issues considered

  • Whether the revision application was pressed with the liberty to file a restoration or delay application.

Subjects

Criminal RevisionNegotiable Instruments ActRestoration ApplicationProcedural Default

Judgment

       R/CR.RA/1414/2023                                                ORDER DATED: 10/04/2026




               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

       R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
            NEGOTIABLE INSTRUMENT ACT) NO. 1414 of 2023

 ==========================================================
                           MALEK SARFARAZMIYA YASINMIYA
                                       Versus
                              STATE OF GUJARAT & ANR.
 ==========================================================
 Appearance:
 MS. KRUPA P SONI(10048) for the Applicant(s) No. 1
 MS SHRUTI PATHAK, APP for the Respondent(s) No. 1
 ==========================================================

    CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                        Date : 10/04/2026

                                          ORAL ORDER
          Learned advocate appearing on behalf of the applicant
 does not press this application with a liberty to file restoration
 application along with delay application. Hence, the present
 application stands disposed of as not pressed with aforesaid
 liberty being reserved.
          It is clarified that this Court has not gone into the merits of
 the case.


                                                                   (HASMUKH D. SUTHAR,J)
 KUMAR ALOK

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ALOK KUMAR(HC01091), PRIVATE SECRETARY, at High Court of Gujarat on 10/04/2026 14:59:14




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