R/CR.MA/20216/2025 ORDER DATED: 01/10/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 20216 of 2025 ===================================================== NITHU K. J. (NEETABEN) PROPRIETOR OF SOUL AND SAVY HOME APPLIANCES Versus STATE OF GUJARAT & ANR. ===================================================== Appearance: MS RAKSHA S KHATED(12987) for the Applicant(s) No. 1 MR RONAK RAVAL ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s) No. 1 ===================================================== CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 01/10/2025 ORAL ORDER 1. At the outset, under instructions, learned counsel for the petitioner stated that the petitioner is willing to deposit 20% of the cheque amount before the Trial Court. In view of the above statement, the matter was taken up. 1.1 By way of the present petition, the petitioner seeks to convert non-bailable warrant issued by 15th Additional Chief Judicial Magistrate First Class, Ahmedabad City in Criminal Case No.79038 of 2023 dated 30.07.2025, into bailable warrant. Page 1 of 6 R/CR.MA/20216/2025 ORDER DATED: 01/10/2025 2. The facts of the case are such that the complaint was filed by the complainant under Section 138 of the Negotiable Instruments Act, 1881 (`NI’ Act for short) for the dishonour of cheque issued by the petitioner. 2.1 The said case proceeded further and after the trial, the learned trial Court passed the impugned order convicting the petitioner and non- bailable warrant was issued against the petitioner at the time of passing of the impugned order, which is prayed to be converted into bailable warrant by filing this petition. 3. Heard learned advocate for the petitioner and Learned Additional Public Prosecutor for the respondent – State. 4. Learned advocate for the petitioner submitted that the issuance of non-bailable warrant straightaway at the time of passing the order of conviction is illegal and against provision of law and the learned trial Court ought to have issued R/CR.MA/20216/2025 ORDER DATED: 01/10/2025 bailable warrant to secure the presence of the petitioner. She submitted that the right of preferring appeal against the order is a statutory right available to the petitioner, however, as the non-bailable warrant is issued against the petitioner, the petitioner is left with no option, but to surrender himself to the jail authority pursuant to the non-bailable warrant issued by the trial court and that would amount to gross violation of Article 21 of the Constitution of India. Learned advocate for the petitioner prayed that the non- bailable warrant issued by the learned trial Court be converted into bailable warrant so that the petitioner can avail appropriate remedy to file appeal before the higher forum. 4.1 In support of his contentions, learned advocate for the petitioner has heavily relied on the decision of the Coordinate Bench of this Court rendered in Special Criminal Application (Quashing) No.9113 of 2016 decided on 22nd February, 2017 and prayed to allow the petition. Page 3 of 6 R/CR.MA/20216/2025 ORDER DATED: 01/10/2025 4.2. Learned Additional Public Prosecutor has vehemently opposed the prayer of the petitioner and requested this Court to dismiss the present petition. 5. I have heard the learned counsel appearing for the respective parties and gone through the material produced on record in detail. No other and/or further submissions have been made, except what are stated herein-above. 6. At the outset, it is required to be noted that the issue involved in this petition is no more res integra and squarely covered by the decision of the Coordinate Bench of this Court rendered in Special Criminal Application (Quashing) No.9113 of 2016, as referred to above, in somewhat similar set of facts. The Coordinate Bench of this Court has, after considering the decision rendered by the Division Bench in the case of Sharad Jethalal Savla v. State of Gujarat [Criminal Misc. Application No.19862 of 2015 decided on 14th November, 2016] held as under: “7. I am inclined to give one opportunity R/CR.MA/20216/2025 ORDER DATED: 01/10/2025 to the applicants herein to appear before the learned 4th Additional Chief Judicial Magistrate, Vadodara in person with their advocates. On the day and date the applicants herein appear before the learned Magistrate, it will be open for them to file an application under Section 389(3) of the Cr.P.C. for provisional bail to enable them to prefer a criminal appeal before the Sessions Court against the conviction and sentence. The criminal appeal before the Sessions Court could have been registered only after an appropriate order under Section 389(3) of the Cr.P.C. was passed by the trial Court. 8. In any view of the matter, the nonbailable warrant is converted into a bailable warrant of the sum of Rs.10,000/- (Rupees Ten Thousand only). The applicants are directed to appear before the Court concerned within a period of one week from today and shall furnish a bail of Rs.10,000/- each. If any such application is filed under Section 389(3) of the Cr.P.C., the Court concerned shall pass appropriate orders in accordance with law.” 7. In view of the aforesaid, this Court is inclined to consider this petition on the following conditions: (a) The petitioner shall approach the learned trial court in person with his advocate within a period of two weeks from the date of receipt of writ of this order; R/CR.MA/20216/2025 ORDER DATED: 01/10/2025 (b) The petitioner shall deposit cost of Rs.5,000/- before the Gujarat High Court Advocates Law Library within a period of one week and also deposit 20% of the cheque amount before the learned trial Court at the time he appears before the learned trial Court. (c) It will be open for the petitioner to avail appropriate remedy available under the law at the time of appearing before the learned trial Court to enable him to approach the higher forum against the impugned order and if such remedy is availed, the concerned court shall pass appropriate order in accordance with law. (d) The non-bailable warrant is hereby converted into bailable warrant for a sum Rs.10,000/- (Rupees Ten Thousand only). 8. In view of the aforesaid observations and directions, the present petition stands disposed of. Rule is made absolute to the aforesaid extent. Direct service is permitted. (NIRZAR S. DESAI,J) Pallavi Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: PALLAVIBEN PRABHUDAS PANCHAL(HC01403), PRIVATE SECRETARY, at High Court of Gujarat on 01/10/2025 16:53:53