Priyankaben Jigneshbhai Gohel vs State Of Gujarat

Gujarat High Court

Priyankaben Jigneshbhai Gohel vs State Of Gujarat on 3 November, 2025

Author: Nirzar S. Desai

Bench: Nirzar S. Desai

                                                                                                               NEUTRAL CITATION




                           R/CR.MA/22372/2025                                     ORDER DATED: 03/11/2025

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                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                            R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
                                          FIR/ORDER) NO. 22372 of 2025

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                                                PRIYANKABEN JIGNESHBHAI GOHEL
                                                             Versus
                                                    STATE OF GUJARAT & ANR.
                      ==========================================================
                      Appearance:
                      MR ABHISHEK KHUMAN, MR ANIL H RATHOD(9691) Applicant(s) No. 1
                      MR RONAK RAVAL, PUBLIC PROSECUTOR for the Respondent(s) No. 1
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                         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. Rathod, appearing for the petitioner, under the instructions, submitted that when the judgment and order dated 27.05.2025 was passed by the learned 6th Additional Chief Judicial Magistrate, Rajkot, in Criminal Case No. 7295 of 2022, 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 her and therefore, the petitioner has approached this Court.

1.1 Learned Advocate, Mr. Rathod, under the instructions, submitted that the petitioner is ready and willing to deposit Rs.44,000/-, i.e. 20% of the cheque amount of Page 1 of 2 Uploaded by UMESH H. CHAVDA(HC00203) on Mon Nov 03 2025 Downloaded on : Mon Nov 03 22:34:07 IST 2025 NEUTRAL CITATION R/CR.MA/22372/2025 ORDER DATED: 03/11/2025 undefined Rs.2,20,687/-, 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 deposit Rs.44,000/-, i.e. 20% of the cheque amount of Rs.2,20,687/-, before the concerned trial Court within two weeks from today, if, the petitioner deposits the same, the non-bailable warrant issued against her 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) UMESH/-