R/SCR.A/11773/2025 ORDER DATED: 26/08/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 11773 of 2025 ========================================================== AYAN MOBILE THRO MOHSIN ISHAK MUSA PATEL Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR ABHIRAJ R TRIVEDI(5576) for the Applicant(s) No. 1 MR MANAN MEHTA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 26/08/2025 ORAL ORDER 1. When the matter is called out, learned counsel for the petitioner has remained absent. However, with an assistance of ld. APP, the matter is taken up for final disposal. 2. The relief sought for in the petition is to quash and set aside the order dated 25.04.2025 recorded by learned 5th Addl. Chief Judicial Magistrate, Vadodara, in Criminal Case No.21352/2023 below Exh:19, whereby the learned Magistrate has been pleased to convict the petitioner for the offence under Section 25 of the Payments and Settlement (Systems) Act, 2007 and sentenced one year simple imprisonment and ordered to pay compensation to the complainant, failing which, to undergo further four months simple imprisonment. Learned Magistrate has also ordered to issue non-bailable warrant against the petitioner. 3. 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. 4. 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, R/SCR.A/11773/2025 ORDER DATED: 26/08/2025 Istadev Projects Pvt. Ltd. Company Thro Maheshbhai Virabhai Patel vs. State of Gujarat [Special Criminal Application No.1704/2022], 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 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 26/08/2025 15:55:03