Gujarat High Court

SCR.A/16550/2023 of DAVE UMABEN SANJAYBHAI Vs STATE OF GUJARAT on 22 December 2023

22/12/2023 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 16550 of 2023 ========================================================== DAVE UMABEN SANJAYBHAI Versus STATE OF GUJARAT ========================================================== Appearance: MR

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 16550 of 2023

==========================================================

DAVE UMABEN SANJAYBHAI

VersusSTATE OF GUJARAT ==========================================================Appearance:

MR HIRENKUMAR M NIYALCHANDANI(9959) for the Applicant(s) No. 1 for the Respondent(s) No. 2MR HARDIK MEHTA, APP for the Respondent(s) No. 1

==========================================================CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

Date : 22/12/2023

ORAL ORDER

1. When the matter is called out, learned counsel for thepetitioner is remained absent.

2. The relief sought for in the petition is to quash and set asidethe order dated 04.07.2023 recorded by learned Magistrate, Rajkot,in Criminal Case No.18125/2019, whereby the learned Magistratehas been pleased to convict the petitioner for the offence underSection 138 of N.I Act and sentenced one year simple imprisonmentand ordered to pay compensation to the complainant, failing which,to undergo further six months simple imprisonment. LearnedMagistrate has also ordered to issue non-bailable warrant againstthe petitioner.

3. Considering the facts of the case as well as the impugnedorder, it appears that, without resorting alternative remedyavailable under law, the petitioner straightway approached thisCourt by preferring present petition.

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4. Considering the law laid down by this Court in cases ofBhoomi Exim & Anr. Vs. State of Gujarat & Anr.(SCR.A/12711/2023, dtd. 07.10.2023), Arun Shankar Shukla Vs.State of U.P & Ors. reported in (1999) 6 SCC 146, and HamidaVs. Rashid alias Rasheed and Ors. reported in (2008) 1 SCC474, as the statutory remedy is available to the petitioner, thisCourt is not inclined to allow present petition. Accordingly, petitionis dismissed. However, the petitioner is at liberty to file appropriateproceedings before appropriate forum. This Court has not examinedthe matter on merit. Direct Service is permitted.

SUCHIT

(HASMUKH D. SUTHAR,J)

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