ORAL ORDER

1. Heard learned advocate Mr. Kamlesh Kotai appearing for the petitioner and learned Public Prosecutor Mr. Hardik Dave appearing for the respondent - State.

2. Learned advocate Mr. Kotai appearing for the petitioner points out that the upon the present petitioner’s conviction in the proceedings under Payment and Settlement Act, 2007 being conviction vide order dated 01.08.2024 passed by learned 23rd Additional Chief Judicial Magistrate, Vadodara in Criminal Case No. 21009 of 2020, a non-bailable warrant issued against the petitioner as the petitioner did not remain present at the time when the judgment was pronounced. Learned advocate Mr. Kotai 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 Mr. Kotai 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. In view of above submission, as the petitioner is ready and willing to deposit 20% of the cheque amount, the same may be deposited within a period of two weeks from today and the nonbailable warrant issued against the petitioner is converted into bailable warrant of a sum of Rs.10,000/- (Rupees Ten Thousand), the applicant 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.

(NIRZAR S. DESAI,J)

VARSHA DESAI