R/SCR.A/7260/2025 ORDER DATED: 23/06/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 7260 of 2025 ========================================================== YASHKUMAR NILESHKUMAR MAKWANA Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MS URVASHI K MEHTA(11469) for the Applicant(s) No. 1 MS SHRUTI PATHAK, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 23/06/2025 ORAL ORDER 1. The relief sought for in the petition is to quash and set aside the order dated 20.04.2024 recorded by learned 6th Addl. Chief Judicial Magistrate, Rajkot, in Criminal Case No.27326/2021, whereby the learned Magistrate has been pleased to convict the petitioner for the offence under Section 138 of N.I Act and sentenced three months simple imprisonment and ordered to pay compensation to the complainant, failing which, to undergo further six months simple imprisonment. Learned Magistrate has also ordered to issue non-bailable warrant against the petitioner as he was not present in the court. 2. Considering the facts of the case as well as the impugned order, it appears that, without resorting alternative remedy available under law, the petitioner straightway approached this Court by preferring present petition. 3. Considering the law laid down by this Court in cases of Bhoomi Exim & Anr. Vs. State of Gujarat & Anr. (SCR.A/12711/2023, dtd. 07.10.2023), Arun Shankar Shukla Vs. State of U.P & Ors. reported in (1999) 6 SCC 146, and Hamida Vs. Rashid alias Rasheed and Ors. reported in (2008) 1 SCC 474, as the statutory remedy is available to the petitioner, this Court is not R/SCR.A/7260/2025 ORDER DATED: 23/06/2025 inclined to allow present petition. Accordingly, petition is dismissed. However, the petitioner is at liberty to file appropriate proceedings before appropriate forum. This Court has not examined the matter on merit. (HASMUKH D. SUTHAR,J) SUCHIT Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: PATEL SUCHIT JAYESHBHAI(HC01083), Private Secretary, at High Court of Gujarat on 23/06/2025 15:40:00