ORAL ORDER

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

“A) YOUR LORDSHIPS may be pleased to issue Writ, Order or Direction by converting the issuance of Arrest Warrant/non-bailable warrant into bailable warrant passed by the Court of Ld. 8th Add. Chief Judicial Magistrate, Ahmedabad while passing the Judgment and order convicting the Petitioner for the o punishable under Section 138 of the Negotiable Instrument Act, 1881 in Criminal Case No. 1712/2024 on dated 30.06.2026 (Annexed at Annexure "A") after imposing such terms and condition as may be deemed fit by this Hon'ble Court by further granting liberty to the Petitioners herein to prefer an appeal along with suspension of sentence application before the Ld. Concerned Appellate Court in the interest of justice;

(B) Pending admission, hearing and final disposal of the petition, your Lordships may be pleased to stay the implementation of arrest warrant/non-bailable warrant issued by the Court of Ld. 8th Add. Chief Judicial Magistrate, Ahmedabad while passing the Judgment and order convicting the Petitioner for the o punishable under Section 138 of the Negotiable Instrument Act, 1881 in Criminal Case No. 1712/2024 on dated 30.06.2026 in the interest of justice;

(C) Ad-interim relief in terms of above para 12(B) may kindly be granted in the interest of justice;

(D) Any other and further relief as this Hon'ble Court may deem and proper in the facts and circumstances of the case be granted.”

2. Heard learned advocate Mr. Singh for the petitioner and learned advocate Mr. Patel for the respondent No.2.

3. It is submitted by learned advocate Mr. Singh 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 30.06.2026. 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.

4. Learned advocate Mr. Patel for the respondent No.2 has opposed the present petition.

5. Having considered the submissions made by learned advocate Mr. Singh 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 30.06.2026. 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.