Gujarat High Court
Sunilsinh Navalsinh Rathod vs State Of Gujarat on 3 November, 2025
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
NEUTRAL CITATION
R/CR.MA/22465/2025 ORDER DATED: 03/11/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 22465 of 2025
==========================================================
SUNILSINH NAVALSINH RATHOD
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
JUCKY LUCKY CHAN(8033) for the Applicant(s) No. 1
RAKESH SOLANKI FOR SURESHKUMAR V GAMARA(8436) for the
Applicant(s) No. 1
MR RONAK RAVAL APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 03/11/2025
ORAL ORDER
Rule. Learned APP waives service for the Respondent-State.
1. Learned Advocate, Mr.Rakeh Solanki appearing for the petitioner, under the instructions, submitted that when the judgment and order dated 29.09.2025 was passed by the learned Additional Chief Judicial Magistrate, Vijapur, in Criminal Case No.1378/2023, whereby, the petitioner is convicted for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, as the petitioner was not present, non-bailable warrant is issued against him and therefore, the petitioner has approached this Court.
1.1 Learned Advocate, under the instructions, submitted that the petitioner is ready and willing to deposit 20% of the Page 1 of 2 Uploaded by BHAVINKUMAR DEVENDRABHAI MEHTA(HCW0108) on Mon Nov 03 2025 Downloaded on : Mon Nov 03 22:34:30 IST 2025 NEUTRAL CITATION R/CR.MA/22465/2025 ORDER DATED: 03/11/2025 undefined cheque amount of Rs.8,00,000/-, before the concerned trial Court within two weeks from today, and therefore, on that condition, non-bailable warrant issued against the petitioner be converted into bailable warrant, as the petitioner is desirous to file an appeal against the impugned order.
2. Learned APP submitted that in the facts and circumstances of this case, appropriate orders may be passed.
3. Heard. Considering the fact that the petitioner is ready and willing to deposit 20% of the cheque amount of Rs.8,00,000/-, before the concerned trial Court within two weeks from today, if, the petitioner deposits the same, the non-bailable warrant issued against him shall stand converted into bailable warrant in the sum of Rs.5,000/-. Further, if, the petitioner prefers an appeal against the impugned judgment and order, along with an application for bail, the concerned Court shall consider and decide the same on its own merits and in accordance with law, as this Court has not examined the merits of the matter. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(NIRZAR S. DESAI,J) BHAVIN MEHTA Page 2 of 2 Uploaded by BHAVINKUMAR DEVENDRABHAI MEHTA(HCW0108) on Mon Nov 03 2025 Downloaded on : Mon Nov 03 22:34:30 IST 2025