Gujarat High Court
Prajapati Sharadkumar Dashrathbhai vs State Of Gujarat on 14 November, 2025
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R/SCR.A/14840/2025 JUDGMENT DATED: 14/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 14840 of 2025
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PRAJAPATI SHARADKUMAR DASHRATHBHAI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR. MAULIK M SONI(7249) for the Applicant(s) No. 1
MR. KANVA ANTANI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 14/11/2025
ORAL JUDGMENT
1. At the outset, learned advocate Mr. Maulik Soni has
placed on record an undertaking filed by the applicant wherein
he has undertaken that he shall deposit 20% of the cheque
amount before the learned Trial Court within a period of one
week. Accordingly, the matter was taken up.
2. By way of the present petition, the petitioner seeks to
convert Non-bailable Warrant dated 10.9.2025 issued by
learned Judicial Magistrate First Class, Chansma in Criminal
Case No. 1257 of 2024, into Bailable Warrant.
3. The facts of the case are such that the complaint was
filed by the complainant under Section 138 of the Negotiable
Instruments Act, 1881 (`NI Act' for short) for the dishonour of
cheque issued by the petitioner.
3.1 The said case proceeded further and after the trial, the
learned trial Court passed the impugned order convicting the
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petitioner and Non-bailable Warrant was issued against the
petitioner at the time of passing of the impugned order, which
is prayed to be converted into bailable warrant by filing this
petition.
4. Learned advocate for the petitioner submitted that the
issuance of Non-bailable Warrant straightaway at the time of
passing the order of conviction is illegal and against provision
of law and the learned Trial Court ought to have issued bailable
warrant to secure the presence of the petitioner. He submitted
that the right of preferring appeal against the order is a
statutory right available to the petitioner, however, as the non-
bailable warrant is issued against the petitioner, the petitioner
is left with no option, but to surrender himself to the jail
authority pursuant to the non- bailable warrant issued by the
trial court and that would amount to gross violation of Article
21 of the Constitution of India. Learned advocate for the
petitioner prayed that Non-bailable warrant issued by the
learned trial Court be converted into bailable warrant so that
the petitioner can avail appropriate remedy to file appeal
before the higher forum.
4.1 In support of his contentions, learned advocate for the
petitioner has heavily relied on the decision of the Coordinate
Bench of this Court rendered in Special Criminal Application
(Quashing) No.9113 of 2016 decided on 22nd February, 2017
and prayed to allow the petition.
5. Learned Additional Public Prosecutor has vehemently
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opposed the prayer of the petitioner and requested this Court
to dismiss the present petition.
6. I have heard the learned counsel appearing for the
respective parties and gone through the material produced on
record in detail. No other and/or further submissions have been
made, except what are stated herein-above.
7. At the outset, it is required to be noted that the issue
involved in this petition is no more res integra and squarely
covered by the decision of the Coordinate Bench of this Court
rendered in Special Criminal Application (Quashing) No.9113 of
2016, as referred to above, in somewhat similar set of facts.
The Coordinate Bench of this Court has, after considering the
decision rendered by the Division Bench in the case of Sharad
Jethalal Savla v. State of Gujarat [Criminal Misc. Application
No.19862 of 2015 decided on 14th November, 2016] held as
under :-
"7. I am inclined to give one opportunity to the
applicants herein to appear before the learned 4th
Additional Chief Judicial Magistrate, Vadodara in person
with their advocates. On the day and date the applicants
herein appear before the learned Magistrate, it will be
open for them to file an application under Section 389 (3)
of the Cr.P.C. for provisional bail to enable them to prefer
a criminal appeal before the Sessions Court against the
conviction and sentence. The criminal appeal before the
Sessions Court could have been registered only after an
appropriate order under Section 389(3) of the Cr.P.C. was
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passed by the trial Court.
8. In any view of the matter, the Non-bailable warrant
is converted into a bailable warrant of the sum of
Rs.10,000/- (Rupees Ten Thousand only). The applicants
are directed to appear before the Court concerned within
a period of one week from today and shall furnish a bail
of Rs.10,000/- each. If any such application is filed under
Section 389 (3) of the Cr.P.C., the Court concerned shall
pass appropriate orders in accordance with law."
8. In view of the aforesaid, this Court is inclined to consider
this petition on the following conditions :-
(a) The petitioner shall approach the learned Trial Court in
person with his advocate within a period of two weeks from the
date of receipt of writ of this order;
(b) The petitioner shall deposit cost of Rs.5,000/- before the
Gujarat High Court Advocates Law Library within a period of
one week and also deposit 20% of the cheque amount before
the learned Trial Court at the time he appears before the
learned trial Court.
(c) It will be open for the petitioner to avail appropriate
remedy available under the law at the time of appearing
before the learned trial Court to enable him to approach the
higher forum against the impugned order and if such remedy is
availed, the concerned Court shall pass appropriate order in
accordance with law.
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(d) The Non-Bailable warrant is hereby converted into
Bailable warrant for a sum Rs.10,000/- (Rupees Ten Thousand
only).
9. In view of the aforesaid observations and directions,
present petition stands disposed of. Rule is made absolute to
the aforesaid extent. Direct service is permitted.
(M. R. MENGDEY,J)
J.N.W / 6
