R/CR.MA/22219/2025 ORDER DATED: 16/10/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC. APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO.22219 of 2025 ========================================================== ESS ESS SALES CORPORATION THRO SURBHI VINEET BEDI & ANR. Versus STATE OF GUJARAT & ANR. ========================================================== Appearance : MR.D K.PUJ for the Applicants No.1,2 MR ADITYASINH JADEJA, APP for the Respondent No.1 ========================================= CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 16/10/2025 ORAL ORDER 1. By way of the present petition, the petitioners seek to convert Non-bailable Warrant issued by learned 10th Additional Senior Civil Judge & Additional Chief Judicial Magistrate, Rajkot in Complaint Case No.10411 of 2018 into Bailable Warrant. 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 petitioners at the time of passing of the impugned order, which is prayed to be converted into bailable warrant by filing this petition. Page 1 of 5 R/CR.MA/22219/2025 ORDER DATED: 16/10/2025 3. 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 bailable warrant to secure the presence of the petitioner. He 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 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. 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. 5. Learned Additional Public Prosecutor has vehemently opposed the prayer of the petitioner and requested this Court to dismiss the present petition. 6. 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. Page 2 of 5 R/CR.MA/22219/2025 ORDER DATED: 16/10/2025 7. 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 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 Non-bailable 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 R/CR.MA/22219/2025 ORDER DATED: 16/10/2025 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.” 8. In view of the aforesaid, this Court is inclined to consider this petition on the following conditions :- (a) The petitioners shall approach the learned Trial Court in person with their advocate within a period of two weeks from the date of receipt of writ of this order; (b) The petitioners shall deposit cost of Rs.5,000/- each 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 they appear before the learned trial Court. (c) It will be open for the petitioners to avail appropriate remedy available under the law at the time of appearing before the learned trial Court to enable them 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). Page 4 of 5 R/CR.MA/22219/2025 ORDER DATED: 16/10/2025 9. In view of the aforesaid observations and directions, present petition stands disposed of. Rule is made absolute to the aforesaid extent. Direct service is permitted. (NIRZAR S. DESAI,J) SAVARIYA Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: RAJNISH NARENDRA SAVARIYA(HC00179), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 16/10/2025 13:18:51