Gujarat High Court
Piyushkumar Ambalal Patel vs State Of Gujarat on 16 September, 2025
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
NEUTRAL CITATION
R/CR.MA/18840/2025 ORDER DATED: 16/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 18840 of 2025
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PIYUSHKUMAR AMBALAL PATEL
Versus
STATE OF GUJARAT & ANR.
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Appearance:
KARTIK H BHATT(9313) for the Applicant(s) No. 1
MR TRUPESH KATHIRIYA APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 16/09/2025
ORAL ORDER
1. Rule. Learned APP waives service of rule for the Respondent - State.
2. Learned advocate appearing for the petitioner points out that the present petitioner is accused and upon his conviction in the proceedings under Negotiable Instrument Act being conviction vide order dated 22.04.2025 passed by the learned 2nd Additional Judicial Magistrate First Class, S.K. @ Himmatnagar in Criminal Case No.6175 of 2022, a non-bailable warrant issued against the petitioner as the petitioner did not remain present at the time when the judgment was pronounced. Learned advocate, upon instructions, states that if the petitioner is granted two weeks time, the petitioner is ready and willing to deposit 20% of the cheque amount before Page 1 of 3 Uploaded by BHAVINKUMAR DEVENDRABHAI MEHTA(HCW0108) on Thu Sep 18 2025 Downloaded on : Thu Sep 18 23:22:40 IST 2025 NEUTRAL CITATION R/CR.MA/18840/2025 ORDER DATED: 16/09/2025 undefined the trial Court and on that condition the non-bailable warrant may be converted into bailable warrant with a view to enable the petitioner to prefer an appeal against the order of conviction.
3. Learned advocate for the applicant relied upon a decision of this Court dated 22.2.2017 passed in Special Criminal Application No. 9112 of 2016 in case of Ishwarbhai Hirabhai Chunara versus State of Gujarat and others and submitted that in view of the decision of this Court in the aforesaid petition, as the petitioner is ready and willing to deposit 20% of the cheque amount, this Court may convert the non-bailable warrant into bailable warrant to enable the petitioner to prefer an appeal along with an application under Section 389 (iii) of Criminal Procedure Code.
4. Heard. In view of above submission, as the petitioner is ready and willing to deposit 20% of the cheque amount, the same may be deposited within a period of two weeks from today before the concerned learned Trial Court and upon production of the receipt of the same, the non-bailable warrant issued against the petitioner is converted into bailable warrant of a sum of Rs.10,000/- (Rupees Ten Thousand), the applicant is directed to appear before the Court concerned within a Page 2 of 3 Uploaded by BHAVINKUMAR DEVENDRABHAI MEHTA(HCW0108) on Thu Sep 18 2025 Downloaded on : Thu Sep 18 23:22:40 IST 2025 NEUTRAL CITATION R/CR.MA/18840/2025 ORDER DATED: 16/09/2025 undefined period of two weeks from today and shall furnish a bail bond of Rs.10,000/-. If any such application is filed under Section 389(iii) of Criminal Procedure Code, the Court concerned shall pass appropriate order in accordance with law.
5. With the aforesaid observation and direction, the present petition stands disposed of. Rule is made absolute, accordingly. Direct service is permitted.
(NIRZAR S. DESAI,J) BHAVIN MEHTA Page 3 of 3 Uploaded by BHAVINKUMAR DEVENDRABHAI MEHTA(HCW0108) on Thu Sep 18 2025 Downloaded on : Thu Sep 18 23:22:40 IST 2025