R/CR.MA/10290/2025 ORDER DATED: 03/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO. 10290 of 2025 In F/CRIMINAL REVISION APPLICATION NO. 18058 of 2025 ========================================================== ARJUN SOMABHAI ROHIT Versus ABBAS RASULBHAI MALEK & ANR. ========================================================== Appearance: MR KASHYAP R JOSHI(2133) for the Applicant(s) No. 1 NOTICE SERVED BY DS for the Respondent(s) No. 1 MR. H K PATEL APP for the Respondent(s) No. 2 ========================================================== CORAM:HONOURABLE MR.JUSTICE L. S. PIRZADA Date : 03/07/2025 ORAL ORDER 1. Rule. Learned APP waives service for the respondent – State. 2. The matter is called out. Respondent no.1 - original complainant has been duly served. Original complainant neither personally appeared nor through his advocate. Heard the learned advocate for the applicant and further, it is submitted by him that the present application has been preferred to condone the delay of 133 days in preferring the Criminal Revision Application against the judgment passed by the learned Trial Court, convicting the present applicant - R/CR.MA/10290/2025 ORDER DATED: 03/07/2025 accused under Section 138 of the Negotiable Instruments Act, 1881 and the learned District Court, Bharuch has also dismissed the appeal of the present applicant - accused and confirmed the judgment passed by the learned Trial Court. 3. The present applicant – accused is in judicial custody and the delay is unintentional. So, the delay caused is required to be condoned. 4. Considering the fact that the present applicant – accused is also in judicial custody, the explanation given is found to be genuine and satisfactory to this court. Delay is to be condoned. 5. Accordingly, the present application stands allowed. 6. Delay of 133 days in preferring the criminal revision application is to be condoned. Rule is made absolute to the aforesaid extent. 7. Registry to give new criminal revision application number. (L. S. PIRZADA, J) JCP Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: JAIMIN CHANDRAKANTBHAI PRAJAPATI(HCD0066), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 04/07/2025 18:11:54