Gujarat High Court
Govindbhai Rambhai Mundhwa vs State Of Gujarat on 16 February, 2023
Bench: Ilesh J. Vora
R/SCR.A/2194/2023 ORDER DATED: 16/02/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 2194 of 2023
==========================================================
GOVINDBHAI RAMBHAI MUNDHWA
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR DARSHAN P. DAVE, ADVOCATE FOR MR YASH H JOSHI(6495) for the
Applicant(s) No. 1
for the Respondent(s) No. 2
MR KANVA ANTANI, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 16/02/2023
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 read with Section 482 of Cr.P.C., the applicant
prays for quashment of order of non-bailable warrant dated
06.12.2022 issued by 17th Additional Senior Civil Judge & Additional
Chief Judicial Magistrate, (Special Negotiable Instruments Act) Court,
Rajkot in Criminal Case No.4357 of 2017.
4. The applicant was accused of the said criminal case, filed under
Section 138 of the Negotiable Instruments Act by the complainant-
respondent no.2 for dishonour of cheque. Admittedly, on the day of
R/SCR.A/2194/2023 ORDER DATED: 16/02/2023
pronouncement of judgment, the applicant remained absent and
accordingly, he was convicted and ordered to undergo simple
imprisonment for 1.5 years and also directed to pay Rs.10,00,000/- as
compensation to the complainant and in default of payment of
compensation amount, he has to undergo further simple
imprisonment of 6 months.
5. Heard Mr. Darshan P. Dave, learned counsel for Mr. Yash Joshi,
learned counsel for the petitioner and Mr. Kanva Antani, 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. 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/-.
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)
TAUSIF SAIYED
