R/CR.MA/21154/2025 ORDER DATED: 28/11/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR RESTORATION) NO. 21154 of 2025 In R/SPECIAL CRIMINAL APPLICATION NO. 6878 of 2024 ========================================================== MANISHKUMAR NARSINHBHAI PATEL Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR KAMLESH S KOTAI(6150) for the Applicant(s) No. 1 MR MANAN MAHETA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 28/11/2025 ORAL ORDER RULE returnable forthwith. Learned APP waives service of notice of Rule for and on behalf of respondent – State. Present application is 4led requesting to restore Special Criminal Application No.6878 of 2024 which came to be dismissed for want of prosecution. Heard the learned advocate for the applicant, learned APP for respondent – State of Gujarat and learned advocate Mr. Yogendra Thakore appearing for the respondent No.2. Learned advocate Mr. Thakore appearing for the original complainant has opposed the present restoration application mainly on the ground that the applicant has 4led the petition in the year 2024 and under the pretext of pendency of captioned petition, applicant is taking undue advantage and prolonging and protracting the litigation pending before the learned trial Court by stating that in the captioned R/CR.MA/21154/2025 ORDER DATED: 28/11/2025 petition the coordinate Bench was pleased to pass an order issuing notice on 19.06.2024 qua respondent No.2, making it returnable on 14.08.2024, and with liberty in favor of the applicant to 4le adjournment application before the learned trial Court and directing the learned trial Court to consider the adjournment application in light of the fact of 4ling of petition before this Court. Further, he has submitted that the applicant is neither proceeding with the trial before the learned trial Court nor in the petition pending before this Court and hence, he has vehemently opposed the present application. Having heard learned advocate appearing for respective parties and considering the strong objection raised by the original complainant, a report from the learned trial Court was called for by this Court vide order dated 21.11.2025 pursuant to which the learned Principal Senior Civil Judge and Additional Chief Judicial Magistrate, Mahesana has sent report dated 26.11.2025 and perusing the said report it appears that the the matter is pending for cross-examination of witness since long and learned advocate for the applicant – accused has sought adjournment on various grounds including by 4ling sick / leave note and thus prolonging and protracting the matter before the learned trial Court. It is needless to say that mere pendency of petition before this Court is not a ground to seek adjourment before the learned trial Court and keep the trial pending sine die. Further, the applicant is not proceeding with the petition which is pending before this Court since 2024. Even, perusing the orders also, it appears that after issuing the notice making it returnable on 14.08.2024 by the coordinate Bench, learned advocate for the applicant has not remained present on a single date ane on 08.09.2025, the learned advocate for the applicant R/CR.MA/21154/2025 ORDER DATED: 28/11/2025 did not appear before this Court even in second call in second session, due to which this Court was constrained to dismiss the petition for want of prosecution considering the object of proceeding 4led under Section 138 of the Negotiable Instruments Act, 1881 and the mandate of legislature to dispose oE the summary proceeding. In view of above, it is inferred that the applicant is taking undue advantage by keeping the petition pending before this Court so as to prolong and protract the trial before the learned trial Court. However, in the interest of justice, captioned petition is ordered to be restored to its original 4le with a clari4cation that the order passed on adjournment application 4led before the learned trial Court stands recalled and on condition that if the applicant fails to proceed with the matter before this Court as and when listed, then the learned trial Court shall proceed with the matter on its own merits in absence of any stay order. With aforesaid observation and clari4cation, present application is allowed. Special Criminal Application No.6878 of 2024 is hereby ordered to be restored to its original 4le subject to condition that the matter shall proceed further without seeking any adjournment. Present application is disposed of accordingly. Rule made absolute accordingly. (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 28/11/2025 16:03:08