Gujarat High Court
Canvera Exim Llp vs State Of Gujarat on 18 September, 2025
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
NEUTRAL CITATION
R/CR.MA/19140/2025 ORDER DATED: 18/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 19140 of 2025
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CANVERA EXIM LLP & ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR MANOJ S JOSHI(2961) for the Applicant(s) No. 1,2,3
MS MITA S PANCHAL(530) for the Applicant(s) No. 1,2,3
MS JIRGA JHAVERI ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 18/09/2025
ORAL ORDER
1. Rule. Learned APP waives service of rule for the
Respondent - State.
2. Learned advocate appearing for the applicants
points out that the present applicants are accused
and upon their conviction in the proceedings under
Negotiable Instrument Act being conviction vide order
dated 21.01.2025 passed by the learned 5th Additional
Chief Judicial Magistrate, Ahmedabad (Rural) below
Exh.30 in Criminal Case No.8158 of 2019, a non-
bailable warrant issued against the applicants as the
applicants did not remain present at the time when
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R/CR.MA/19140/2025 ORDER DATED: 18/09/2025
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the judgment was pronounced. Learned advocate, upon
instructions, states that if the applicants are
granted two weeks time, the applicants are 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 applicants to
prefer an appeal against the order of conviction.
At the outset, learned advocate Ms. Mita
Panchal, appearing for the applicants, draws the
attention of this Court to the averments made at page
No. 9, paragraph No. 14, wherein the applicants have
expressed their readiness and willingness to deposit
20% of the cheque amount. In view of this, the said
amount may be deposited with the Trial Court within a
period of two weeks.
3. Learned advocate for the applicants 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
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R/CR.MA/19140/2025 ORDER DATED: 18/09/2025
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decision of this Court in the aforesaid petition, as
the applicants are ready and willing to deposit 20%
of the cheque amount, this Court may convert the non-
bailable warrant into bailable warrant to enable the
applicants to prefer an appeal along with an
application under Section 389 (iii) of Criminal
Procedure Code.
4. Heard learned advocates appearing for the
respective parties. In view of above submission, as
the applicants are ready and willing to deposit 20%
of the cheque amount of Rs.19,50,000/- i.e.
Rs.3,90,000/- (Rupees Three Lac Ninety 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
applicants are converted into bailable warrant of a
sum of Rs.10,000/- (Rupees Ten Thousand) each, the
applicants are 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/- each. If any
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R/CR.MA/19140/2025 ORDER DATED: 18/09/2025
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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
