[2025:RJ-JP:35641] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 4275/2024 Nikunj Nareda S/o Shri Kishan Kumar Nareda, Resident Of Q.d.- 34, First Floor, Peetampura, Delhi. ----Petitioner Versus M/s Shri Siddhi Vinayak Services, Head Office, Nai Mandi, Bharatpur Through Prop. Mr. Pradeep Agarwal S/o Shri M.k. ( Mahendra Kumar) Agarwal Resident Of Plot No. 36, Sector No. 4, Transport Nagar, Bharatpur, Rajasthan. ----Respondent For Petitioner(s) : Mr. Narendra Kumar Gautam Mr. Lokesh Mishra For Respondent(s) : Ms. Pooja Gupta HON'BLE MR. JUSTICE SUDESH BANSAL Order 04/09/2025 1. Petitioner is facing criminal trial for offence under Section 138 of NI Act for dishonour of cheque amounting to Rs.15,03,357/-, wherein petitioner was granted bail. During course of trial, due to non-appearance of petitioner, his bail bonds were forfeited and arrest warrant has been issued vide order dated 04.09.2019. 2. Separate proceedings under Section 446 of CrPC have also been opened and petitioner has been declared absconder after ensuing the proceedings under Section 82/83 of CrPC. 3. Petitioner moved application to convert his arrest warrant into bailable under Section 70(2) of CrPC which has been dismissed vide order dated 01.08.2023, whereagainst the instant petition has been filed. [2025:RJ-JP:35641] (2 of 3) [CRLMP-4275/2024] 4. Counsel for petitioner states that petitioner was regularly appearing in person or through his counsel in the present proceedings, but in the year 2019, he stuck in abroad due to prevailing Covid-19 pandemic and returned in 2022, hence, there is a reasonable reason of non-appearance of petitioner, which is not deliberate. 5. Counsel for petitioner is agreeable to pay the cost of Rs.20,000/- for delaying the proceedings due to his non- appearance and undertakes that petitioner would surrender himself within a period of 30 days before the trial Court on or before 06.10.2025. 6. The cost of Rs.10,000/- has already been deposited by the petitioner in the present petition before this Court in pursuance of order dated 22.07.2024, which may be released to the complainant and the remaining cost of Rs.10,000/- shall be deposited by the petitioner before the trial Court at the time of surrendering. 7. Having perused the impugned order, this Court finds that the trial Court has assigned justified and valid reasons to issue the arrest warrant against the petitioner and on merits impugned order does not warrant any interference, however, taking into consideration the nature of offence under Section 138 of NI Act which is bailable and petitioner has already been enlarged on bail, this Court finds that the purpose of issuing arrest warrant is to procure presence of accused-petitioner so that the trial Court may proceed and conclude the trial of present criminal case. Since counsel for petitioner undertakes to surrender the petitioner as [2025:RJ-JP:35641] (3 of 3) [CRLMP-4275/2024] also to pay the cost of Rs.20,000/- apart from to deposit the fine amount so determined by the trial Court under the proceedings under Section 446 CrPC, it is expedient and in the interest of justice to grant one month time to the accused-petitioner to surrender himself before the trial Court and to submit a bail application and till then the arrest warrant issued against the petitioner shall not be executed. 8. Accordingly, without interfering with the impugned order, the instant petition is disposed of with direction that in case, petitioner surrenders himself before the trial Court within a period of 30 days or on or before 06.10.2025 and pays cost of Rs.20,000/- (out of which Rs.10,000/- has already been deposited) apart from making payment of the fine amount so determined by the trial Court under Section 446 of CrPC and submits a regular bail application, it is expected that the trial Court shall decide the bail application on the very day and would release the petitioner on bail on reasonable terms and conditions to ensure his regular presence during the course of criminal trial so that trial of present criminal case may be expedited and concluded as early as possible. Till 06.10.2025, arrest warrant against the petitioner shall not be executed. 9. The cost of Rs.10,000/- deposited before this Court may be disbursed to the complainant. 10. In view of above, the present petition is disposed of. 11. All pending application(s), if any, stand(s) disposed of. (SUDESH BANSAL),J RONAK JAIMAN/131-S