Prakamya Trading Pvt. Ltd Through ... vs State Of Gujarat
2024 Latest Caselaw 8913 Guj

Gujarat High Court

Prakamya Trading Pvt. Ltd Through ... vs State Of Gujarat on 1 October, 2024

Author: Nirzar S. Desai

Bench: Nirzar S. Desai

                                                                                                             NEUTRAL CITATION




                             R/SCR.A/8259/2024                                ORDER DATED: 01/10/2024

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                            R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 8259 of 2024

                       ==========================================================
                              PRAKAMYA TRADING PVT. LTD THROUGH BHARAT KOTHARI
                                                    Versus
                                          STATE OF GUJARAT & ANR.
                       ==========================================================
                       Appearance:
                       MR KAVAN K PATEL(11303) for the Applicant(s) No. 1
                       MR SHAIVAL M PATEL(9950) for the Applicant(s) No. 1
                       MR MANAV MEHTA, PUBLIC PROSECUTOR for the Respondent(s) No. 1
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                         CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                                                          Date : 01/10/2024

                                                           ORAL ORDER

Rule. Learned APP waives service for the Respondent-State.

1. Learned Advocate, Mr. Patel, appearing for the petitioner, under the instructions, submitted that when the judgment and order dated 13.02.2024 was passed by the learned 17 th Chief Judicial Magistrate, Rajkot, in Criminal Case No. 859 of 2017, 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 him and therefore, the petitioner has approached this Court.

1.1 Learned Advocate, Mr. Patel, under the instructions, submitted that the petitioner is ready and willing to deposit Rs.10,000/-, i.e. 20% of the cheque amount of Rs.50,000/-,

NEUTRAL CITATION

R/SCR.A/8259/2024 ORDER DATED: 01/10/2024

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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 Rs.10,000/-, i.e. 20% of the cheque amount of Rs.50,000/-, before the concerned trial Court within two weeks from today, if, the petitioner deposits the same, the non-bailable warrant issued against him 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 /-