R/CR.MA/18633/2025 ORDER DATED: 07/10/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 18633 of 2025 ========================================================== VISHAL KANAIYALAL GANDHI (PROPRIETOR OF MAHEK TEXTILE) Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR RONIT V RATHOD(13125) for the Applicant(s) No. 1 MR RONAK RAVAL APP for the Respondent(s) No. 1 RULE SERVED TO CONCERNED POLICE STATION HOWEVER, SERVICE REPORT NOT FILED BY POLICE STATION for the Respondent(s) No. 2 ========================================================== CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 07/10/2025 ORAL ORDER 1. Heard learned advocate Mr.Ronit Rathod for the petitioner and learned APP Ronak Raval for the State. It is stated by Learned APP upon instructions that respondent No.2 is duly served through his son and therefore, the matter was taken up as vide order dated 12.09.2025, notice for final disposal was issued, making it returnable on 22.09.2025. By way of this petition, the petitioner has prayed for quashing and setting aside the order dated 13.03.2025 passed by the learned 11th Additional Sessions Judge, Surat, in Criminal Appeal No. 378 of 2021, whereby the appeal was dismissed for default and the interim relief was vacated. 2. Learned advocate for the petitioner submitted that, R/CR.MA/18633/2025 ORDER DATED: 07/10/2025 considering the fact that the present appeal was preferred against an order of conviction, if the appeal is not heard on merits, the applicant would be required to undergo the sentence, which would take away his valuable right of having the appeal decided on merits. It is, therefore, submitted on behalf of the applicant, upon instructions, and an assurance has been given by learned advocate Mr. Rathod that the applicant and/or his advocate shall co-operate in the hearing of the appeal before the concerned Sessions Court and that no adjournment, except under exceptional circumstances, would be sought. 3. Considering the above submissions, as well as the fact that the appeal of the present applicant is required to be heard on merits, the order dated 13.03.2025, whereby the petitioner’s appeal being Criminal Appeal No. 378 of 2021 was dismissed for default, is hereby quashed and set aside. 4. The appeal is restored to its original position. Interim relief, if any, which was operating in favour of the present applicant, is also restored to the same position. With the aforesaid observations and directions, the present petition stands disposed of. R/CR.MA/18633/2025 ORDER DATED: 07/10/2025 5. It is clarified that this Court has not entered into the merits of the matter and has considered the petition only to the extent of the order dismissing the appeal for default (NIRZAR S. DESAI,J) BHAVIN MEHTA Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: BHAVINKUMAR DEVENDRABHAI MEHTA(HCW0108), ENGLISH STENOGRAPHER GRADE I, at High Court of Gujarat on 07/10/2025 15:39:51