ORAL ORDER

1. By way of the present petition, the petitioner seeks to convert non-bailable warrant issued by learned 16 th Chief Judicial Magistrate, Rajkot in Criminal Case No.59083 of 2021, into bailable warrant.

2. The facts of the case are such that the complaint was filed by the complainant under Section 138 of the Negotiable Instruments Act, 1881 (`NI’ Act for short) for the dishonour of cheque issued by the petitioner.

2.1 The said case proceeded further and after the trial, the learned trial Court passed the impugned order convicting the petitioner and non-bailable warrant was issued against the petitioner at the time of passing of the impugned order, which is prayed to be converted into bailable warrant by filing this petition.

3. Heard learned advocate Mr.Jani for the petitioner and Learned Additional Public Prosecutor Mr.Jadeja for the respondent – State.

4. Learned advocate for the petitioner submitted that the issuance of non-bailable warrant straightaway at the time of passing the order of conviction is illegal and against provision of law and the learned trial Court ought to have issued bailable warrant to secure the presence of the petitioner. He submitted that the righ