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2025 DIGILAW 1355 (SC)

Hiral Piyushbhai Patel v. State of Gujarat

2025-06-18

PRASANNA B.VARALE, SANDEEP MEHTA

body2025
ORDER : 1. The petitioner stands convicted for the offence punishable under Section-138 of Negotiable Instruments Act, 1881 by the Trial Court. The appeal preferred by the appellant (who is the petitioner herein) before the concerned Sessions Court was dismissed on account of non-prosecution because neither the petitioner nor her counsel appeared on the date fixed. 2. After dismissal of the appeal, non-bailable warrants were issued against the petitioner which, she challenged by filing the subject Revision Criminal Application being No. 466 of 2025 in the High Court. 3. The High Court rejected the request made by the petitioner for early listing by an Order dated 14.05.2025 which is the subject matter of assail in the instant Special Leave Petition. 4. Prima facie, there does not appear to be any justifiable cause to entertain this Special Leave Petition because the Order under challenge neither decides any rights nor causes any prejudice to the petitioner. However, the petitioner’s counsel has submitted that the petitioner has already made an offer in the High Court to deposit the balance cheque amount to the tune of Rs. 6,24,000/- before the Trial Court. We feel that the said offer made by the petitioner is grossly delayed however, considering the fact that the petitioner is a Doctor by profession and is having a minor child (son), we hereby direct that the petitioner shall deposit a sum of Rs. 8,00,000/- in the Trial Court within a period of 10 days from today and place a copy of the receipt on the record of the pending Revision Petition where after, the warrants of arrest issued against the petitioner shall be recalled. The High Court would be free to decide the Revision Petition uninfluenced by this Order. 5. For the next ten days, no coercive steps shall be taken against the petitioner. 6. The Special Leave Petition is disposed of accordingly. 7. Pending applications, if any, shall stand closed.