Gujarat High Court
Canvera Exim Llp vs State Of Gujarat on 18 September, 2025
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
NEUTRAL CITATION
R/CR.MA/19140/2025 ORDER DATED: 18/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 19140 of 2025
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CANVERA EXIM LLP & ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR MANOJ S JOSHI(2961) for the Applicant(s) No. 1,2,3
MS MITA S PANCHAL(530) for the Applicant(s) No. 1,2,3
MS JIRGA JHAVERI ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 18/09/2025
ORAL ORDER
1. Rule. Learned APP waives service of rule for the Respondent - State.
2. Learned advocate appearing for the applicants points out that the present applicants are accused and upon their conviction in the proceedings under Negotiable Instrument Act being conviction vide order dated 21.01.2025 passed by the learned 5th Additional Chief Judicial Magistrate, Ahmedabad (Rural) below Exh.30 in Criminal Case No.8158 of 2019, a non- bailable warrant issued against the applicants as the applicants did not remain present at the time when Page 1 of 4 Uploaded by PALLAVI PRABHUDAS PANCHAL(HC01403) on Fri Sep 19 2025 Downloaded on : Sat Sep 20 05:00:57 IST 2025 NEUTRAL CITATION R/CR.MA/19140/2025 ORDER DATED: 18/09/2025 undefined the judgment was pronounced. Learned advocate, upon instructions, states that if the applicants are granted two weeks time, the applicants are ready and willing to deposit 20% of the cheque amount before the trial Court and on that condition the non- bailable warrant may be converted into bailable warrant with a view to enable the applicants to prefer an appeal against the order of conviction.
At the outset, learned advocate Ms. Mita Panchal, appearing for the applicants, draws the attention of this Court to the averments made at page No. 9, paragraph No. 14, wherein the applicants have expressed their readiness and willingness to deposit 20% of the cheque amount. In view of this, the said amount may be deposited with the Trial Court within a period of two weeks.
3. Learned advocate for the applicants 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 Page 2 of 4 Uploaded by PALLAVI PRABHUDAS PANCHAL(HC01403) on Fri Sep 19 2025 Downloaded on : Sat Sep 20 05:00:57 IST 2025 NEUTRAL CITATION R/CR.MA/19140/2025 ORDER DATED: 18/09/2025 undefined decision of this Court in the aforesaid petition, as the applicants are ready and willing to deposit 20% of the cheque amount, this Court may convert the non- bailable warrant into bailable warrant to enable the applicants to prefer an appeal along with an application under Section 389 (iii) of Criminal Procedure Code.
4. Heard learned advocates appearing for the respective parties. In view of above submission, as the applicants are ready and willing to deposit 20% of the cheque amount of Rs.19,50,000/- i.e. Rs.3,90,000/- (Rupees Three Lac Ninety Thousand Only), 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 applicants are converted into bailable warrant of a sum of Rs.10,000/- (Rupees Ten Thousand) each, the applicants are directed to appear before the Court concerned within a period of two weeks from today and shall furnish a bail bond of Rs.10,000/- each. If any Page 3 of 4 Uploaded by PALLAVI PRABHUDAS PANCHAL(HC01403) on Fri Sep 19 2025 Downloaded on : Sat Sep 20 05:00:57 IST 2025 NEUTRAL CITATION R/CR.MA/19140/2025 ORDER DATED: 18/09/2025 undefined 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) Pallavi Page 4 of 4 Uploaded by PALLAVI PRABHUDAS PANCHAL(HC01403) on Fri Sep 19 2025 Downloaded on : Sat Sep 20 05:00:57 IST 2025