IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 3578 of 2026 With R/SPECIAL CRIMINAL APPLICATION NO. 3590 of 2026 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE M. R. MENGDEY SD/-

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Approved for Reporting Yes No ✔

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SHAH RUPAL MAHENDRABHAI Versus STATE OF GUJARAT & ANR.

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Appearance:

PRASHANT V CHAVDA(8510) for the Applicant(s) No. 1 MS. ASHMITA PATE, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY Date : 16/03/2026

JUDGMENT

1. By filing the petitions under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs: -

“(A) Your Lordships may be pleased to admit and allow the present petitions.

(B) Your Lordships may be pleased to allow the time to petitioner to file an appeal against the orders dated 20.02.2026 passed by the Learned 15^th Additional Chief Judicial Magistrate, Ahmedabad in Criminal Case No.2746 of 2017 and Criminal Case No.2754 of 2017;

(C) Your Lordships may be pleased to permit the petitioner to file the appeal and, upon its filing, allow the petitioner to pay the said amount within the stipulated time as specified in the orders dated 20.02.2026 passed by the Learned 15th Additional Chief Judicial Magistrate, Ahmedabad in Criminal Case No.2746 of 2017 and Criminal Case No.2754 of 2017.

(D) Your Lordships may be pleased to convert the issuance of a non- bailable warrant into a bailable warrant in the interest of justice in Criminal Case No.2746 of 2017 and Criminal Case No.2754 of 2017 to enable the petitioner to appear before the Learned Trial Court to furnish the bail;

(E) Pending hearing and final disposal of this writ application, by way of interim relief, Your Lordships may be pleased to stay the proceedings of Criminal Case No.2746 of 2017 and Criminal Case No.2754 of 2017;

(F) Pending hearing and final disposal of this application to grant an exparte ad- interim relief in terms of para 16 (E) of both the petitions;

(G) To pass such other and further relief's as this Hon'ble court may deem fit and proper.”

2. The facts and circumstances giving rise to the filing of the present petition are such that a complaint for an offence punishable under Section 138 of the N.I. Act came to be lodged against the petitioner. Upon lodgment of the complaint, the learned Trial Court had ordered issuance of summons against the petitioner. Pursuant to issuance of summons, the petitioner remained present before the learned Trial Court and relevant documents were provided to him under the provision of Section 207 of the Cr.P.C. and his plea was recorded vide Exhibit-8. Thereafter, the complainant had entered the witness box and the matter was at the stage of his cross-examination and it was done at the behest of petitioner. However, thereafter the petitioner did not remain present either personally or through his Advocate, and therefore, the stage for cross- examination of the complainant was closed by the learned Trial Court and the matter was placed for recording of Further Statement of the petitioner.

However, even at that stage also, the petitioner did not remain present before the learned Trial Court, and therefore, the learned Trial Court decided to proceed ex-parte and vide judgment and orders dated 20.02.2026 convicted the petitioner for an offence punishable under Section 138 of the N.I. Act and ordered issuance of warrant against the petitioner. It is against the order passed by the learned Trial Court for issuance of warrant against the petitioner that the petitioner has approached this Court by filing the present petition.

3. Learned Advocate appearing for the petitioner submitted that the petitioner could not remain present before the learned Trial Court, and therefore, the learned Trial Court had pro