R/SCR.A/1869/2023 ORDER DATED: 08/02/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 1869 of 2023
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BHAVESHBHAI GORDHANBHAI AKBARI
Versus
STATE OF GUJARAT
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Appearance:
MR MAHESH K POOJARA(5879) for the Applicant(s) No. 1
MR MAULIK VAKHARIYA(6628) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS MOXA THAKKAR, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 08/02/2023
ORAL ORDER
1. Rule returnable forthwith. Learned APP waives service of notice of rule for and on behalf of respondent-State.
2. With the consent of learned counsel appearing for the respective parties, the matter is taken up for final hearing today.
3. By way of the present application filed under Article 226 of the Constitution of India read with Section 482 of Cr.P.C., the applicant prays for quashment of order of non-bailable warrant dated 20.10.2022 issued by 2nd Additional Civil Judge & Judicial Magistrate First Class, Rajkot in Criminal Case No.4066 of 2020.
4. The applicant was accused of the said criminal case, filed under Section 138 of the Negotiable Instruments Act by the complainant- respondent no.2 for dishonour of cheque. Admittedly, on the day of pronouncement of judgment, the applicant remained absent and Page 1 of 2 Downloaded on : Wed Feb 08 21:04:58 IST 2023 R/SCR.A/1869/2023 ORDER DATED: 08/02/2023 accordingly, he was convicted and ordered to undergo simple imprisonment for 2 years and also directed to pay the cheque amount as compensation to the complainant and in default of payment of compensation amount, he has to undergo further imprisonment of 6 months.
5. Heard Mr. M.K. Poojara, learned counsel for the petitioner and Ms. Moxa Thakkar, learned APP for the respondent State.
6. Having heard learned counsel appearing for the respective parties, this Court is of the view that, the issue involved in the present application is squarely covered by the decision of Coordinate Bench dated 22.02.2017 delivered in case of Ishwarbhai Hirabhai Chunara vs. State of Gujarat & Anr. (Special Criminal Application No.9112 of 2016) and therefore, without much discussion, the applicant is directed to appear before the trial Court concerned and permitted to file an application under Section 389(3) of the Cr.P.C. In the event of filing such application, the Court concerned shall pass appropriate orders in accordance with law. The Non-Bailable Warrant is converted into Bailable Warrant for a sum of Rs.10,000/- (Rupees Ten Thousand only) and the applicant shall furnish a bail bond of Rs.10,000/-.
7. The present application stands disposed of in the aforesaid terms accordingly. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(ILESH J. VORA,J) TAUSIF SAIYED Page 2 of 2 Downloaded on : Wed Feb 08 21:04:58 IST 2023