R/CR.MA/15998/2026 ORDER DATED: 29/07/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO. 15998 of 2026 In R/CRIMINAL MISC.APPLICATION/17657/2026 In R/CRIMINAL APPEAL/1759/2025 With R/CRIMINAL MISC.APPLICATION NO. 17657 of 2026 In R/CRIMINAL APPEAL NO. 1759 of 2025 ========================================================== BALVANTBHAI AMBALAL PATEL Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: KEVAL H MAHARAJA(9062) for the Applicant(s) No. 1 MR NIRAJ SHARMA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER Date : 29/07/2026 ORAL ORDER 1. By an order dated 09.02.2026, this Court dismissed the appeal, in view of the fact that learned advocate for the applicant was not present. 2. Learned advocate for the applicant has filed the present application for restoration of the appeal alongwith the application for delay of 119 days caused in filing the restoration application. Learned advocate for the applicant submits that the appeal is filed challenging the order passed by Judicial Magistrate First Class, under the provisions of NI Act and the same is required to be transferred in view of R/CR.MA/15998/2026 ORDER DATED: 29/07/2026 the judgement in case of M/s Celestium Financial vs A. Gyanesekaran 2025 INSC 804. 3. Having heard learned advocate for the applicant and having considered the application, sufficient reasons have been stated in the application for condoning the delay and for restoration of the appeal. 4. In view of the same, the delay caused in filing the restoration application is allowed. Both the applications are allowed. The main appeal is restored to file. (SANJEEV J.THAKER,J) PD Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: PARUL DUTTA(HCD0073), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 29/07/2026 16:55:11