Sandeep Amrutlal Vadaviya vs State Of Gujarat
2022 Latest Caselaw 9753 Guj

     R/SCR.A/12635/2022                             ORDER DATED: 01/12/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/SPECIAL CRIMINAL APPLICATION NO. 12635 of 2022

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                          SANDEEP AMRUTLAL VADAVIYA
                                    Versus
                              STATE OF GUJARAT
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Appearance:
MR PRATIK Y JASANI(5325) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR DHAWAN JAYSWAL, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA

                                Date : 01/12/2022

                                 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, the applicant prays for quashment of order of non-bailable warrant issue against the petitioner in connection with judgment of conviction dated 20.04.2022 issued by 5th Additional Chief Judicial Magistrate, Rajkot in Criminal Case No.1404 of 2020.

4. The applicant was accused of the said criminal case, filed under Section 138 of the Negotiable Instruments Act by the

R/SCR.A/12635/2022 ORDER DATED: 01/12/2022

complainant-respondent no.2 for dishonour of cheque. Admittedly, on the day of pronouncement of judgment, the applicant remained absent and accordingly, he was convicted and ordered to undergo simple imprisonment for 1(one) year and also directed to pay Rs.2,50,000/- as compensation to the complainant within a span of 60 days and in default of payment of compensation amount, he has to undergo further simple imprisonment of 1(one) year.

5. Heard Mr. Pratik Jasani, learned counsel for the petitioner and Mr. Dhawan Jayswal, 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 within a period of 10 days from the date of receipt of this order. 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/-.

R/SCR.A/12635/2022 ORDER DATED: 01/12/2022

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) GIRISH