( 1 ) WITH the consent of learned advocates appearing for the parties matter is taken up for final hearing today. The only question arises for consideration is: Whether the trial court was justified in putting the condition of deposit of passport while cancelling the Non-Bailable Warrant in addition to the imposition of Penalty of Rs. 500/-? 3. Heard Mr. Purohit for the petitioner and Mr. Gohil, Ld. APP for the respondent-State and Mr. Buch for the original complainant.

( 2 ) AS such, upon hearing the learned advocates for the parties, it appears that on factual aspect there is no dispute that a Non-Bailable Warrant has issued by the Ld. Magistrate and the petitioner applied for cancellation of said Non-Bailable Warrant. It was the case of the petitioner that he remained personally present on the last date of adjournment and the Ld. Magistrate found that he did not remain present. Be as it may, but, it appears that the Ld. Magistrate has found that it is a case for cancellation of warrant. However, the Ld. Magistrate has considered the amount of cheque for Rs. 2 lacs and has found that the penalty of Rs. 500/- is required to be imposed and condition for surety of Rs