ORAL ORDER

1. Though notice has been served, no one has appeared either in person or through an advocate on behalf of the respondent No.2.

2. The present petition is filed seeking the following reliefs.

“(A) YOUR LORDSHIPS may be pleased to admit and allow this application;

(B) YOUR LORDSHIPS may be pleased to quash and set aside the warrant issued against the petitioner of 458 (2) of BNSS (old U/s 418 (2) of CRPC) issued vide order dated 17.04.2026 passed in Criminal Case No. 508 of 2025 passed by the Learned Judicial Magistrate First Class, Thangadh, and further pleased to convert the said warrant into bailable warrant.

(B) YOUR LORDSHIPS may be pleased to quash and set aside the Judgment dated 17.04.2026 passed in Criminal Case No. 508/2025 passed by the Learned Judicial Magistrate First Class, Thangadh, and acquit the applicant.

(C) Pending the hearing and final disposal of the present petition YOUR LORDSHIPS stay Judgment dated 17.04.2026 passed in Criminal Case No. 508/2025 passed by the Learned Judicial Magistrate First Class, Thangadh, and also stay the execution, operation, and implementation of the non bailable warrant issued against the Applicant;

(D) Grant any other and further relief as may be deemed and proper in the facts and circumstances of the case.”

3. Heard learned advocate Ms. Divya Panchal for learned advocate Mr. B. C. Pupera for the petitioner.

4. It is submitted by learned advocate Ms. Panchal that on the day when the judgment and order of conviction was passed under Section 138 of the NI Act, the petitioner was not present and therefore, a non-bailable warrant under Section 70 was issued by the learned Court on 17.04.2026. It is further submitted that the petitioner intends to file an appeal before the learned Appellate Court. However, in view of the operation of the order of the non-bailable warrant, the petitioner is unable to exercise statutory rights. It is submitted that, in that background, the non- bailable warrant is required to be converted into a bailable warrant.

5. Having considered the submissions made by learned advocate Ms. Panchal for the petitioner, it emerges from the record that the petitioner was convicted for the offence punishable under Section 138 of the NI Act vide judgment and order of conviction dated 17.04.2026. As the petitioner was absent on that day when the judgment and order of conviction was passed, the learned Court, while convicting the petitioner, issued a non-bailable warrant under Section 70 of the Cr.P.C. The appeal is a statutory right and in view of the operation of the non-bailable warrant, the petitioner is unable to avail the remedy by filing the appeal, therefore, a fair opportunity is required to be granted to the petitioner.

6. In that background, the non-bailable warrant is hereby ordered to be converted into a bailable warrant for a sum of Rs.20,000/-, with a direction that the petitioner shall file an undertaking before the learned Appellate Court to remain present each and every date fixed for hearing and shall cooperate with the learned Appellate Court.

7. In view of above observations and directions, the present petition stands disposed of. Notice stands discharged.