R/CR.MA/22263/2025 ORDER DATED: 16/10/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 22263 of 2025 ========================================================== JITENDRABHAI KANTIBHAI PARMAR Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR HIRENKUMAR M NIYALCHANDANI(9959) for the Applicant(s) No. 1 MR HK PATEL APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE R. T. VACHHANI Date : 16/10/2025 ORAL ORDER When the matter is called out, learned advocate for the petitioner is absent. 2. By way of this petition, the petitioner seeks to challenge the order issuing Non-bailable warrant issued by the learned 2nd Additional Chief Judicial Magistrate, Rajkot in Criminal Case No.19025 of 2022 and further to convert the same into bailable warrant. 3. It is pertinent to note that the proceedings under the provisions of Section 138 of the NI Act had been initiated where the learned trial Court after conclusion of the trial convicted and sentenced the petitioner – accused for a period of six months recording absence of the petitioner and also ordered to pay compensation to the complainant within a period of one month as per provisions of Section 357(3) of the Code of Criminal Procedure; in default thereof further six months imprisonment is imposed. The said order has not challenged by the petitioner – accused before the learned first appellate Court. Page 1 of 2 R/CR.MA/22263/2025 ORDER DATED: 16/10/2025 4. Now reverting back to the facts of the case, it appears that the petitioner has sought relief to convert the non-bailable warrant into the bailable warrant which otherwise do not seems to have been issued; nothing sort of any such material is placed on record rather surfaced from the record. To the contrary, it would be apt to note that the only option available with the Court concerned after pronouncement of order of sentence to issue warrant against the accused to serve the sentence as per Section 418 of the Code of Criminal Procedure (Section 458 of the BNSS). Thus, there is no provision for conversion of the warrant after pronouncement of the order of sentence. 5. In the result, the revision application is devoid of merits and is accordingly dismissed. (R. T. VACHHANI, J) sompura Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: MANISHKUMAR JYOTINDRA SOMPURA(HC00189), Principal Pvt. Secretary, at High Court of Gujarat on 16/10/2025 16:28:02