SHAH NAVINCHANDRA SHANKARLAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Shah Navinchandra Shankarlal, petitioner-original accused has filed this application with a prayer that this Court may be pleased to admit and allow this application and condone the delay of 436 (four hundred and thirty six) days caused in filing the Criminal Revision Application challenging the judgment and order of conviction dated 13/4/2004 in Criminal Case No.795 of 2001 rendered by the learned Judicial Magistrate First Class, Court No.3, Waghodia, in the proceedings initiated under Section 138 of the Negotiable Instruments Act; and the judgment and order dated 28/10/2005 in Criminal Appeal No.24 of 2005 rendered by the learned Additional Sessions Judge, Vadodara.

(2.) This application was filed on 5/4/2007. When the matter was placed for hearing, this Court has issued Rule on 11/4/2007. Thereafter, it appears that Dr.Shailesh O.Shah, respondent no.2 has filed affidavit opposing the condonation of delay on 26/4/2007. Thereafter one Mr.Brijesh Navinchandra Shah, son of Navinchandra Shah has filed affidavit in rejoinder dated 8/5/2007. Thereafter, matter was heard for considerable time and on behalf of the applicant, Mr.Shakeel A. Qureshi, learned advocate has appeared and addressed the Court at length. On behalf of respondent no.2, Mr.K.J.Shethna, learned senior counsel appears. The original accused has also filed written submissions on 20/6/2007 and the complainant has also filed written submissions on 19/6/2007. After the written submissions were filed, the matter was heard and this Court has passed an order on 20/6/2007 and on that the as the matter was declared part-heard, today, I have also heard both the advocates in this behalf.

(3.) The facts giving rise to this application are as under: