[2025:RJ-JP:30174] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 4362/2025 Swastik Trade Center, Registered Address 3/31, Jawahar Nagar, Jaipur, Through Partner, Brijesh Vyas S/o Late Shri Tikam Das Vyas, Age About 59 Years At Present Residing At C-171, Sunder Marg, Tilak Nagar, Jaipur. ----Petitioner Versus 1. State Of Rajasthan, Through Public Prosecutor. 2. Arihant Fabrics, Through Is Proprietor Shri Naveen Chatur Having Registered Address As B-86, Subhash Nagar, Jaipur- 302016. ----Respondents For Petitioner(s) : Mr. Akshay Dutt Sharma for Mr. Sandeep Singh Shekhawat For Respondent(s) : Mr. Vivek Choudhary, PP HON'BLE MR. JUSTICE SUDESH BANSAL Order 06/08/2025 1. Instant criminal misc. petition under Section 528 of BNSS, 2023 has been filed, impugning the order dated 30.04.2025 passed in Criminal Case No.3894/2015 for offence under Section 138 of NI Act, by the Court of Special Judicial Magistrate, NI Act Cases No.12, Jaipur Metropolitan- II, Jaipur, whereunder standing arrest warrant against Sh. Tikam Das Vyas and Sh. Brijesh Vyas, partners of petitioner- Firm, have been issued. 2. Counsel for petitioner submits that Sh. Tikam Das Vyas, is father of Sh. Brijesh Vyas, and he has passed away. Sh. Brijesh Vyas is partner of the petitioner- Firm and ready to appear in person before the trial Court in the present criminal proceedings for offence under Section 138 of NI Act. [2025:RJ-JP:30174] (2 of 2) [CRLMP-4362/2025] 3. Counsel for petitioner submits that the impugned order of issuance of permanent arrest warrant, declaring the petitioner absconder and initiating proceedings under Section 82-83 of Cr.PC, suffers from perversity and jurisdictional error and it has been prayed that the arrest warrant may be converted into bailable warrant. 4. In view of statements of counsel for petitioner that accused Sh. Brijesh Vyas is agreeable to surrender, this Court deems it just and proper to direct the accused Sh. Brijesh Vyas to surrender himself before the trial Court on or before 18th August 2025 and may move an appropriate application, to convert his arrest warrant into bailable warrant. In case any such application is filed, it is expected that trial Court, taking into consideration the nature of offence under Section 138 NI Act, which is bailable, shall decide that application on the same day. 5. Further, it is hereby observed that till 18th August 2025, Sh. Brijesh Vyas shall not be arrested, pursuant to order dated 30.04.2025. 6. In view of above, without examining the merits/ demerits of the impugned order dated 30.04.2025, instant criminal misc. petition is disposed of with the aforesaid observation. 7. Stay application and pending application(s), if any, stand disposed of. (SUDESH BANSAL),J Sachin/185