ORAL ORDER

[1.0] By way of present petition under Articles 19, 21 and 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 , the petitioner has prayed for the following reliefs:

“(B) issue appropriate writ, order or direction to the Ld. 15th Addl. Senior Civil Judge, Surat to accept the application under section 389(3) of the Code of Criminal Procedure and decide the application in accordance with law in the interest of justice;

(C) issue appropriate writ, order or direction to convert the non-bailable warrant to bailable warrant issued against petitioner in Judgment dated 30.11.2023 passed by the 15th Addl. Senior Civil Judge, Surat in Criminal Case No.9399 of 2020 in the Complaint filed under Section 138 of the Negotiable Instruments Act which is at Annexure-B;

(D) Pending admission, final hearing & disposal of this petition, stay the implementation and operation of the Judgment dated 30.11.2023 passed by the 15th Addl. Senior Civil Judge, Surat in Criminal Case No.9399 of 2020 in the Complaint filed under Section 138 of the Negotiable Instruments Act which is at Annexure-B in the interest of justice;”

[2.0] Learned advocate for the petitioner has requested to convert the non-bailable warrant into bailable warrant and to exercise the jurisdiction under Section 482 of the CrPC. In the alternative, she has requested to exercise powers under Section 389 of the CrPC. Further, she has vehemently argued that why the accused should go behind the bars in bailable offence. In support of her submissions, she has relied on the decision dated 14.11.2016 of the coordinate Bench of this Court in the case of Sharad Jethalal Savla vs. State of Gujarat and Others rendered in Criminal Misc. Application No.19862 of 2015; decision dated 22.02.2017 in Special Criminal Application No.9112 of 2016 and decision dated 28.09.2022 in Special Criminal Application No.9765 of 2022 and has requested to allow the present petition. [3.0] At the outset it is worth to mention that the present petitioner is convicted by learned 15th Additional Senior Civil Judge, Surat vide Judgment dated 30.11.2023 passed in Criminal Case No.9399 of 2023 filed under Section 138 of the Negotiable Instruments Act, 1881 and sentenced to undergo simple imprisonment for a period of one year and ordered to pay compensation. Further, as the petitioner – convict remained absent, the learned trial Court has been pleased to issue warrant of arrest against the accused to serve the sentence. As regards the submission of learned advocate for the petitioner that why the accused should go behind the bars, it is worth to mention that the present petitioner – accused is convicted after following due process of law and bail bond of the accused stood canceled and then the warrant of arrest against the accused to serve the sentence is issued. Hence, this is not a case where the Court has issued the warrant of arrest without following the due process of law. Once accused is convicted then the statutory remedy available to accused is to file statutory criminal appeal challenging the judgment of conviction and to file application under Section 389 of the CrPC for suspension of sentence pending the criminal appeal. Herein, without availing statutory remedy i.e. filing statutory appeal before the learned Sessions Judge, straightway the petitioner has approached this Court and insisted this Court to exercise jurisdiction under Section 482 of the CrPC. It is needless to say that the order issuing Non-Bailable Warrant passed by the learned trial Court is legal and valid one and under Section 418(2) of the CrPC, when the accused is sentenced to imprisonment and is not present in the Court, the Court has to issue warrant of arrest and the sentence shall commence from the date of his arrest. Hence, till the accused is not arrested, question of commencement of sentence does not arise and hence, question does not arise to exercise power under Section 389 of the CrPC for