R/SCR.A/8075/2025 ORDER DATED: 13/06/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 8075 of 2025 ========================================================== NAIMISH DHIRENDRABHAI MANEK Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR HIRENKUMAR M NIYALCHANDANI(9959) for the Applicant(s) No. 1 MR ROHAN RAVAL, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 13/06/2025 ORAL ORDER By way of this petition, the petitioner seeks to quash and set aside the order dated 04.01.2025 passed by the learned 2nd Additional Chief Judicial Magistrate, Rajkot in Criminal Case No.12142/2023. When the matter is called out, learned counsel for the petitioner has remained absent. However, with an assistance of learned APP, the matter is taken up for its final disposal. From the averments made in the petition, it has been contended that in absence of the convict accused, proceedings initiated under Section 138 of the NI Act. However, from the record, it appears that, though ample opportunity was given to the petitioner, he remained absent. Further, in view of the law laid down in cases of Manoj Vasudev Sompura Vs. State of Gujarat reported in 2024 (3) GLR 1737 and Sharad Jethalal Savla Vs. State of Gujarat & Ors. in CRMA No.19862/2025 without availing statutory remedy, no case is made out to exercise jurisdiction under Article 226 of the Constitution of India. Accordingly, present petition is dismissed. (HASMUKH D. SUTHAR, J.) Ajay Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 13/06/2025 18:10:20