R/CR.MA/1945/2025 ORDER DATED: 30/01/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO. 1945 of 2025 In F/CRIMINAL REVISION APPLICATION NO. 50221 of 2024 ========================================================== MAYURBHAI BADVANTBHAI DAVE Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR JAIVIK UDAY BHATT(7319) for the Applicant(s) No. 1 MR SOAHAM JOSHI, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 30/01/2025 ORAL ORDER [1.0] This application is 4led under Section 5 of the Limitation Act for condonation of delay of 6 days caused in 4ling the revision application challenging the judgment and order dated 25.09.2024 passed in Criminal Misc. Application No.205of 2022. [2.0] Learned advocate for the applicant has submitted that the delay was caused purely due to circumstances beyond the control of the applicant and there was no mala4de intention on the part of the applicant in 4ling the revision application belatedly and therefore, has requested to condone the delay caused in 4ling the revision application. [3.0] Learned APP has vehemently opposed the present application. [4.0] Considering the submissions made by the learned advocates for the respective parties, the applicant has mentioned suBcient cause for condonation of delay. The primary function of the R/CR.MA/1945/2025 ORDER DATED: 30/01/2025 Court is to adjudicate the dispute between the parties and to advance substantial justice. Rules of limitation are not meant to destroy the rights of parties. The Court is aware of the fact that denial to condone the delay would mean to dismiss the appeal at threshold and there is no presumption that the delay caused by the appellant is deliberate. In view thereof, the words ‘suBcient cause’ under Section 5 of the Limitation Act should receive a liberal construction so as to advance substantial justice. Even reason stated appears to be bona4de and genuine. There is no smack of mala4de or dilatory tactics on the part of the applicant. [5.0] In view of the above, the delay of 6 days as explained in the application is condoned. The application is accordingly allowed. (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 30/01/2025 18:31:35