R/CR.MA/17344/2022 ORDER DATED: 13/06/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 17344 of 2022 ===================================================== RAJPUTANA SHAKTI INTERNATIONAL LLP THROUGH ASHISH RAJ SINGH Versus STATE OF GUJARAT & ANR. ===================================================== Appearance: MR DARSHANKUMAR R KABRA(11246) for the Applicant(s) No. 1 MR HARDIK MEHTA ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s) No. 1 RUSHABH H SHAH(7594) for the Respondent(s) No. 2 ===================================================== CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 13/06/2025 ORAL ORDER 1.Learned advocate Mr. Darshankumar R. Kabra appearing for the applicant points out that the complaint under Section 138 of Negotiable Instruments Act, 1881 in Criminal Case No. 3940 of 2022 pending before the Court of learned 5th Additional Chief Judicial Magistrate, Vadodara was dismissed for default on 4.3.2025 and as per the instructions of learned advocate Mr. Kabra, the same has not been restored till date. 2.In view of that, learned advocate Mr. Kabra states that the present application has become R/CR.MA/17344/2022 ORDER DATED: 13/06/2025 infructuous as the complaint filed by the complainant is dismissed for default. He, therefore, states that appropriate order be passed as now the proceedings are not live. 3.In view of above, as the complaint under Section 138 of Negotiable Instruments Act, 1881 itself is dismissed for default vide order dated 4.3.2025, which is placed on record and the same is taken on record and though more than three months have gone, the same has not been restored, no further order is required in this application. If and when any cause of action arises, liberty is reserved in favour of the applicant to file a fresh application against the order by which the applicant is aggrieved. The present application stands disposed of as the cause of action do not survive. Notice is discharged. No order as to costs. It is clarified that this Court has not examine the merits of the matter (NIRZAR S. DESAI,J) Pallavi Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: PALLAVIBEN PRABHUDAS PANCHAL(HC01403), PRIVATE SECRETARY, at High Court of Gujarat on 13/06/2025 16:47:42