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2025 Supreme(GUJ) 946
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION (FOR EXTENSION OF TIME) NO. 1 of
2025 In R/CRIMINAL REVISION APPLICATION NO. 1435 of 2024 ==========================================================
GAYATRI STONE QUARRY THRO THAKUR SHAILESH AVDHESHSINGH Versus STATE OF GUJARAT & ANR.
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Appearance:
MR P R ABHICHANDANI, ADVOCATE WITH SANKUL K KABRA(9304) for the PETITIONER(s) No. 1 DS AFF.NOT FILED (N) for the RESPONDENT(s) No. 2 MS DIVYANGNA JHALA, APP for the RESPONDENT(s) No. 1 ==========================================================
CORAM: HONOURABLE MR. JUSTICE M. R. MENGDEY Date : 21/03/2025
The court emphasized the necessity of compliance with court orders while allowing an extension for the deposit of a corrected demand draft.
Headnote:(A) No specific laws or sections cited - The court addressed procedural issues regarding the deposit of a demand draft and the applicant's compliance with previous court orders.
(B) Key legal principles include the importance of adhering to court-imposed deadlines and the consequences of failing to comply.
(C)
Facts of the case:
The applicant was ready to deposit a demand draft of Rs.37,76,734/-, but faced issues with the bank regarding the name of the payee.
(D)
Findings of Court:
The court extended the deadline for the applicant to deposit the corrected demand draft until 28.03.2025. (E)
Issues: The main issue was whether the applicant complied with the previous court order regarding the deposit of the demand draft. (F)
Ratio Decidendi: The court emphasized the need for compliance with court orders while allowing an extension for the deposit of the corrected demand draft. (G)
Result: The application stands disposed of, with direct service permitted.
ORDER :
1. This Court, vide order dated 11.03.2025, had passed below mentioned order:-
“Issue, Notice, returnable on 1.4.2025.
Learned APP waives service of notice on behalf of the respondent State.
Direct service through concerned police station is permitted.
Learned advocate for the applicant submitted that the applicant is ready and willing to deposit the amount of Rs.22,50,000/- and the Demand Draft is also ready with him. However, the bank authorities are not accepting the said Demand Draft. In view of the above, if the applicant comes to deposit the said amount with Demand Draft, the bank authorities shall accept the said Demand Draft from the applicant.”
2. Learned advocate Mr.Abhichandani submits that though the demand draft was ready on that day, due to some technical error, the same could not be deposited with the concerned authorities. However, today, the applicant is having a demand draft of the amount of Rs.37,76,734/- ready with him. In the said demand draft also, the name of payee has been wrongly mentioned, and therefore, the applicant is required to get the new demand draft issued with the correct name. The entire process will be over within a period of one week and the applicant will deposit the demand daft with the correct name of the payee within a period one week from today preferably by 28.03.2025.
4. Learned advocate for the respondent ha opposed the present application, inter alia, contending that the statement came to be made by the applicant before this Court that he will be depositing the amount in question within a period of three months and has miserably failed in complying with the said condition. He, therefore, submitted to dismiss the present application.
5. Heard learned advocates for the parties and perused the material available on record. Having regard to the statement made by learned advocate for the applicant that the applicant will be in a position to deposit the demand draft with the correct name of payee of Rs.37,76,734/- within a period of one week from today preferably by 28.03.2025, the period for the applicant to deposit the said amount is extended till then. The applicant shall appear before the concerned Appellate Court and if the application for cancellation of warrant issued against the present applicant is filed by the applicant, the same shall be considered in accordance with law.
The applications stands disposed of, accordingly.
Direct service is permitted.
