JAGDISHBHAI BHAILALBHAI PATELversusGHANSHYAMBHAI PRAVINCHANDRA PATEL

     R/CR.RA/204/2020                           ORDER DATED: 14/08/2026




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
       NEGOTIABLE INSTRUMENT ACT) NO. 204 of 2020

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                   JAGDISHBHAI BHAILALBHAI PATEL
                               Versus
             GHANSHYAMBHAI PRAVINCHANDRA PATEL & ANR.
========================================================
Appearance:
MR HIMANSHU C DESAI(6832) for the Applicant(s) No. 1
DS AFF.NOT FILED (R) for the Respondent(s) No. 1
MS CM SHAH, APP for the Respondent(s) No. 2
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 CORAM:HONOURABLE MS. JUSTICE S.V. PINTO

                            Date : 14/08/2026

                             ORAL ORDER


1.             Perused the office note dated 12.08.2026 stating that
pursuant to the order dated 04.11.2025 passed by this Court
(Coram : Hon’ble Mr. Justice R.T.Vachhani) in Criminal Misc.
Application         (For Condonation of Delay) No. 2 of 2025 in
preferring in preferring Criminal Misc. Application No.1 of 2025
for substitution of legal representative of the applicant in the
captioned criminal revision application, the applicants – legal
heirs of the original revisionist were directed to deposit an
amount of Rs.5,000/- as cost. Accordingly, the Registry has
verified the matter and it is found that the applicants have not
deposited the amount referred herein above till 14.08.2026.
Hence, today, the present matter is listed on the board for
necessary orders.



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     R/CR.RA/204/2020                               ORDER DATED: 14/08/2026




2.             The present criminal revision application has been
preferred by the applicant – original accused challenging the
judgment and order passed by learned 7th Additional District
and Sessions Judge, Vadodara in Criminal Appeal No.121 of
2014 dated 30.01.2020 confirming the judgment and order
passed by the learned 10th Additional Chief Judicial Magistrate,
Vadodara in Criminal Case No. 39095 of 2004 (Criminal Old
Case No. 5337 of 2004) dated 20.10.2014, whereby, the learned
Trial Court was pleased to convict the present applicant and
sentence him to simple imprisonment of one year and order the
applicant to pay the double amount of cheque with simple
interest @ 6% per annum and in default, simple imprisonment
of six months for the offence under Section 138 of the Negotiable
Instruments Act.

3.             It appears from the record that, at the time of filing /
pending consideration of the present revision application, the
applicant had also preferred an application for condonation of
delay in preferring Criminal Misc. Application No. 1 of 2025 for
substitution of legal representative of the applicant and while
allowing the said application, the applicants, being legal heirs
of the original applicant, were directed to deposit an amount of
Rs.5,000/- as cost but the applicants had not deposited the
amount till 12.08.2026.

4.             Despite   the   aforesaid       specific   direction,          the
applicants have not complied with the order of this Court.
Nearly 9 months have elapsed since the passing of the said


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     R/CR.RA/204/2020                          ORDER DATED: 14/08/2026




order. There is nothing on record to indicate that the applicants
have deposited the amount in compliance with the order, nor
has any material been placed before this Court demonstrating
any bona fide attempt on the part of the applicants to comply
with the same.

5.             The applicants, having invoked the revisional
jurisdiction of this Court, seeking interference with the
concurrent order of conviction and sentence, was required to
comply with the direction issued by this Court in the
proceedings instituted at his instance. A litigant cannot seek
discretionary relief from the Court while, at the same time,
keeping the proceedings pending indefinitely by failing to
comply with an express direction of the Court.

6.             The period of almost 9 months cannot be regarded as
an inadvertent or temporary default. The prolonged failure to
deposit the amount of cost as directed by this Court, coupled
with the absence of any explanation or material demonstrating
compliance, clearly indicates that the applicants do not wish
prosecute the present revision application in accordance with
the direction of this Court. There is no justification for permitting
the proceedings to remain pending indefinitely when the very
condition on which the matter was to be taken up for further
consideration remains unfulfilled.

7.             In the aforesaid circumstances, this Court finds no
reason to keep the present the application pending any further.



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      R/CR.RA/204/2020                                                        ORDER DATED: 14/08/2026




The application is liable to be dismissed on account of the
applicants’ failure to comply with the earlier order of this Court
and for want of prosecution.

8.                 Accordingly, main matter being R/Criminal Revision
Application No.204 of 2020 along with connected appilcation/s,
if any, stand dismissed for non-compliance with the order dated
04.11.2025             passed           in      Criminal            Misc.        Application               (For
Condonation of Delay) No.2 of 2025 in preferring Criminal Misc.
Application No.1 of 2025 for substitution of legal representative
in the R/Criminal Revision Application No.204 of 2020 and for
want of prosecution.

9.                 It is clarified that this Court has not examined the
merits of the case, and the present applications are being
dismissed solely on account of the aforesaid non-compliance.

10.                Registry shall communicate this order to the
concerned Trial Court forthwith for information and for taking
such steps as may be permissible in accordance with law.




                                                                                          (S. V. PINTO,J)
F.S.KAZI



 Original copy of this order has been signed by the Hon'ble Judge.
 Digitally signed by: KAZI FARUKHUSEN(HC01075), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 20/08/2026 14:17:23




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