[2026:RJ-JP:3300] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 138/2026 Naresh Bairwa Son Of Shri Sukhdev, Resident Of Village Sajiya Ki Dhani, Anatpura, Tehsil Niwai, District Tonk, Raj. ----Petitioner Versus Dara Singh Bairwa Son Of Shri Kesar Lal, Resident Of Talab Ki Dhani, Bhavata, Tehsil Niwai, District Tonk , Rajasthan. ----Respondent For Petitioner(s) : Mr. Pradeep Bochaliya Mr. Anil Kumar Sharma HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 23/01/2026 1. This instant petition under Section 528 of BNSS has been filed on behalf of the petitioner assailing the order dated 18.08.2025 passed by the Court of Additional Judicial Magistrate, Newai, District Tonk in NI Act Case No.1120/2018 (599/2022), whereby the application under Section 72(2) of BNSS filed by the petitioner to convert the non-bailable/arrest warrant issued against him into bailable warrant was dismissed. 2. Learned counsel for the petitioner submits that petitioner is facing criminal trial for the offence punishable under Section 138 of Negotiable Instruments Act. He submits that on account of unavoidable circumstances, petitioner could not mark his presence before the learned trial court, therefore, his bail bonds were forfeited and he was summoned through warrant of arrest. He submits that petitioner is ready to pay the fine amount under [2026:RJ-JP:3300] (2 of 2) [CRLMP-138/2026] Section 446 Cr.P.C and he undertakes that in future he will attend the court proceedings on each and every date. 3. I have considered the submissions. 4. Considering overall facts and circumstances of the case and in the interest of justice, this petition is disposed of with a direction that petitioner shall appear before the trial court on or before 06.02.2026 and submit bail bonds to the satisfaction of the learned trial court. Upon surrender and furnishing bail bonds, learned trial court shall accept the same, if fine amount under Section 446 Cr.P.C. is deposited by the accused-petitioner. It is also directed that on appearance, petitioner shall also pay the cost of Rs.10,000/- to the complainant. Till 06.02.2026, the warrant of arrest issued against the petitioner shall be kept in abeyance. It is made clear that if the petitioner fails to surrender and deposit the fine amount before the trial court as well as pay the cost of Rs.10,000/- to the complainant on or before 06.02.2026, this order shall lose its currency. 5. With the aforesaid directions, this Criminal Misc. Petition is disposed of. (ANIL KUMAR UPMAN),J GAUTAM JAIN /148