Sunilsinh Navalsinh Rathod vs State Of Gujarat
2025 Latest Caselaw 7634 Guj

Gujarat High Court

Sunilsinh Navalsinh Rathod vs State Of Gujarat on 3 November, 2025

Author: Nirzar S. Desai

Bench: Nirzar S. Desai

                                                                                                         NEUTRAL CITATION




                          R/CR.MA/22465/2025                                ORDER DATED: 03/11/2025

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                                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                           R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
                                         FIR/ORDER) NO. 22465 of 2025

                     ==========================================================
                                               SUNILSINH NAVALSINH RATHOD
                                                          Versus
                                                 STATE OF GUJARAT & ANR.
                     ==========================================================
                     Appearance:
                     JUCKY LUCKY CHAN(8033) for the Applicant(s) No. 1
                     RAKESH SOLANKI FOR SURESHKUMAR V GAMARA(8436) for the
                     Applicant(s) No. 1
                     MR RONAK RAVAL APP for the Respondent(s) No. 1
                     ==========================================================

                       CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                                                        Date : 03/11/2025

                                                          ORAL ORDER

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

1. Learned Advocate, Mr.Rakeh Solanki appearing for the petitioner, under the instructions, submitted that when the judgment and order dated 29.09.2025 was passed by the learned Additional Chief Judicial Magistrate, Vijapur, in Criminal Case No.1378/2023, 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, under the instructions, submitted that the petitioner is ready and willing to deposit 20% of the

NEUTRAL CITATION

R/CR.MA/22465/2025 ORDER DATED: 03/11/2025

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cheque amount of Rs.8,00,000/-, 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 20% of the cheque amount of Rs.8,00,000/-, 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) BHAVIN MEHTA