[2026:RJ-JP:10795] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 167/2026 M/s Bikar Khad Bheej Bhandar, Lakhanpur Through Proprietor Radha W/o Rajeveer R/o Lakhanpur, P.s. Lakhanpur District Bharatpur. ----Petitioner Versus M/s Balaji Fertilizer, Nagar Road, Nadbai Through Proprietor Hakim Singh S/o Sardar Singh, R/o Irniya, P.s. Halena,tehsil Weir, District Bharatpur. ----Respondent For Petitioner(s) : Mr. Laxmikant Sharma For Respondent(s) : HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 13/03/2026 1. This instant petition under Section 528 of BNSS has been filed on behalf of the petitioner assailing the order dated 22.12.2025 passed by the Additional Chief Judicial Magistrate, Nadbai, District Bharatpur in Criminal Misc. Case No.364/2021, whereby the application under Section 72(2) of BNSS filed by the petitioner to convert the non-bailable warrant issued against him into bailable warrant was dismissed. 2. Learned counsel for the petitioner submits that petitioner is female and she is facing criminal trial for the offence punishable under Section 138 of the Negotiable Instruments Act. He submits that on account of serious illness, petitioner could not mark her presence before the learned trial Court on 23.06.2025, therefore, her bail bonds were forfeited and she was summoned through [2026:RJ-JP:10795] (2 of 3) [CRLMP-167/2026] warrant of arrest. It is submitted that an application for exemption was also filed by the petitioner but same was not taken into consideration as case was fixed for her examination under Section 313 Cr.P.C. Counsel submits that petitioner is ready to pay the fine amount under Section 446 Cr.P.C and he undertakes that in future she will attend the court proceedings on each and every date and shall cooperate with the trial. 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 on the next date of hearing before the trial Court 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.5,000/- to the complainant. 5. Till next date of hearing before the learned trial Court, 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.5,000/- to the complainant on or before the next date of hearing, this order shall lose its efficacy. Further, the trial Court is also directed to expedite the trial. 6. With the aforesaid directions, this Criminal Misc. Petition is disposed of. [2026:RJ-JP:10795] (3 of 3) [CRLMP-167/2026] 7. The stay application and pending application(s), if any, also stand disposed of. (ANIL KUMAR UPMAN),J GAUTAM JAIN /62