R/SCR.A/6720/2026 ORDER DATED: 27/05/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 6720 of 2026 ========================================================== NAKUM JAMAN MAVJI Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR. HARDIK B KORADIYA(9955) for the Applicant(s) No. 1 PUBLIC PROSECUTOR for the Respondent(s) No. 1 RULE SERVED BY DS for the Respondent(s) No. 2 ========================================================== CORAM:HONOURABLE MR.JUSTICE D.N.RAY Date : 27/05/2026 ORAL ORDER 1. Heard learned advocate Mr. Hardik Koradiya for the applicant and learned Additional Public Prosecutor Ms. Maithili Mehta for the respondents. 2. By way of the present petition, the petitioner has challenged the order dated 27.04.2026 passed by the learned Principal District & Sessions Judge, Devbhumi Dwarka at Khambhalia in C.R.M.A. No. 151 of 2026, whereby while allowing the application for condonation of delay, the learned Judge imposed a condition directing deposit of the entire cheque amount of Rs. 9,30,000/-. R/SCR.A/6720/2026 ORDER DATED: 27/05/2026 3. The facts of the case are that a complaint was filed by the complainant under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as “the NI Act”) on account of dishonour of the cheque issued by the petitioner. 4. The petitioner preferred an appeal against the order of conviction. Along with the appeal, an application being C.R.M.A. No. 151 of 2026 for condonation of delay was filed. The learned Principal District & Sessions Judge, Devbhumi Dwarka at Khambhalia allowed the said application; however, while doing so, imposed a condition directing the petitioner to deposit the entire cheque amount of Rs. 9,30,000/-. 5. Being aggrieved and dissatisfied with the aforesaid order, the present petition has been filed. R/SCR.A/6720/2026 ORDER DATED: 27/05/2026 6. Having heard the learned counsel for the parties and considering the facts and circumstances of the case, the impugned condition directing deposit of the entire cheque amount appears to be onerous and excessive. Interest of justice would be served if a modified condition is imposed. 7. Accordingly, the petition is allowed. The impugned condition directing deposit of the entire cheque amount is hereby set aside and modified. Instead, the petitioner is directed to deposit 20% of the cheque amount as a condition for condonation of delay before the learned trial Court . Rule is made absolute to the aforesaid extent. Direct service is permitted. (D.N.RAY,J) JYOTI V. JANI Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: JYOTIBEN VINODKUMAR JANI(HC00213), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 27/05/2026 15:00:33