Gujarat High Court
Darshankumar Bhikhabhai Panchal vs State Of Gujarat on 3 October, 2025
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
NEUTRAL CITATION
R/CR.MA/20391/2025 ORDER DATED: 03/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 20391 of 2025
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DARSHANKUMAR BHIKHABHAI PANCHAL
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MS. MAYURI P CHAUHAN(7069) for the Applicant(s) No. 1
MR TRUPESH KATHIRIYA ADDITIONAL PUBLIC PROSECUTOR for
the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 03/10/2025
ORAL ORDER
1. Rule. Learned APP waives service of rule for the
Respondent - State.
2. Learned advocate appearing for the petitioner
points out that the present petitioner is accused and
upon his conviction in the proceedings under
Negotiable Instrument Act being conviction vide order
dated 30.07.2025 passed by the learned Additional
Chief Judicial Magistrate, Padra, Vadodara in
Criminal Case No.646 of 2023, a non-bailable warrant
issued against the petitioner as the petitioner did
not remain present at the time when the judgment was
NEUTRAL CITATION
R/CR.MA/20391/2025 ORDER DATED: 03/10/2025
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pronounced. Learned advocate, upon instructions,
states that if the petitioner is granted two weeks
time, the petitioner is ready and willing to deposit
20% of the cheque amount before the trial Court and
on that condition the non-bailable warrant may be
converted into bailable warrant with a view to enable
the petitioner to prefer an appeal against the order
of conviction.
3. Learned advocate for the petitioner relied upon a
decision of this Court dated 22.2.2017 passed in
Special Criminal Application No. 9112 of 2016 in case
of Ishwarbhai Hirabhai Chunara versus State of
Gujarat and others and submitted that in view of the
decision of this Court in the aforesaid petition, as
the petitioner is ready and willing to deposit 20% of
the cheque amount, this Court may convert the non-
bailable warrant into bailable warrant to enable the
petitioner to prefer an appeal along with an
application under Section 389 (iii) of Criminal
Procedure Code.
4. Heard learned advocates appearing for the
NEUTRAL CITATION
R/CR.MA/20391/2025 ORDER DATED: 03/10/2025
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respective parties. In view of above submission, as
the petitioner is ready and willing to deposit 20% of
the cheque amount of Rs.8,00,000/- i.e. Rs.1,60,000/-
(Rupees One Lac Sixty Thousand Only), the same may be
deposited within a period of two weeks from today
before the concerned learned Trial Court and upon
production of the receipt of the same, the non-
bailable warrant issued against the petitioner is
converted into bailable warrant of a sum of
Rs.10,000/- (Rupees Ten Thousand), the petitioner is
directed to appear before the Court concerned within
a period of two weeks from today and shall furnish a
bail bond of Rs.10,000/-. If any such application is
filed under Section 389(iii) of Criminal Procedure
Code, the Court concerned shall pass appropriate
order in accordance with law.
5. With the aforesaid observation and direction, the
present petition stands disposed of. Rule is made
absolute, accordingly. Direct service is permitted.
(NIRZAR S. DESAI,J)
Pallavi
