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2025 Supreme(Online)(Raj) 12108
HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
SUDESH BANSAL, J
Praveen Shrivastav – Appellant
Versus
Jitendra Mathur – Respondent
Criminal Miscellaneous (Petition) No. 3321/2025
For the Appellants/Petitioners: Mr. Anshul Sharma
The court ruled on the conversion of an arrest warrant into a bailable warrant considering the petitioner's circumstances and prior legal representation issues.
Headnote:The court analyzed the proceedings under Section 138 of the NI Act, whereby the petitioner sought to convert an arrest warrant into a bailable warrant due to his absence stemming from circumstances beyond control. The court found that the death of the petitioner's counsel and his subsequent transfer were pertinent factors in addressing the issue of willful absence. The court framed the critical issue of whether the petitioner’s circumstances warranted the conversion of the arrest warrant into a bailable one. Ultimately, it was decided that, upon compliance with specific conditions, the petitioner may be released on bail.
| Table of Content |
|---|
| 1. context of the case and circumstances of the petitioner. (Para 1 , 2 , 3) |
| 2. arguments for converting arrest warrant to bailable. (Para 4 , 5) |
| 3. court's interim measures in light of the arguments. (Para 6 , 7) |
| 4. conditions laid out for potential bail. (Para 8 , 9) |
| 5. final ruling on the stay of the arrest warrant. (Para 10) |
Order
19/09/2025
1. Petitioner is a Government Servant, posted as Senior Teacher and in the proceedings under Section 138 of the NI Act in Criminal Case No. 1816/2018, his bail bonds were seized by the Chief Judicial Magistrate, Dholpur vide order dated 21.01.2020 and arrest warrant was issued against him. Thereafter, petitioner moved an application under Section 72 of the BNSS , 2023, to convert his arrest warrant into bailable warrant, but that application has been dismissed vide order dated 23.12.2024, hence, this petition.
2. Counsel for petitioner states that respondent-complainant has initiated proceedings against the petitioner for dishonor of cheque amount of Rs. 2 lakhs. In such proceedings, petitioner had put in appearance and he was released on bail and proceedings were conducted by his Advocate Raj Kumar Sharma. His Advocate died during Covid-19 period, hence, he could not appear for cross- examination of complainant and application exempting personal presence was dismissed.
3. It has been submitted that in the meanwhile, petitioner was transferred from Viridha Dholpur to Karanpur, Sri Ganganagar and in absence of having knowledge about the date of appearance before the Judicial Magistrate, he could not appear.
4. Learned counsel for petitioner submits that considering the status of petitioner being Government Servant, it cannot be assumed that he willfully remained absent before the Judicial Magistrate and non absence of his Advocate is on account of his death, hence, in such circumstances, the order of arrest warrant needs to be converted into bailable warrant.
5. Counsel for petitioner is agreeable that petitioner shall surrender himself and appear before the Judicial Magistrate within a period of 15 working days on or before 06.10.2025 and shall pay a cost of Rs. 20,000/- for a delay in commencing the proceedings of the respondent-complainant apart from depositing the fine amount so determined by the trial Court to close proceedings under Section 446 of Cr.P.C.
6. Heard.
7. Issue notice to respondent.
8. As an interim measure, it is hereby directed that if petitioner surrenders himself and appear before the Judicial Magistrate within a period of 15 working days, on or before 06.10.2025 and pays/deposits cost of Rs. 20,000/- to the complainant-respondent and also deposits the fine amount so determined by the trial Court in the proceedings under Section 446 Cr.P.C., petitioner may be released on bail on furnishing bail bonds.
9. It shall be open for the trial Court to impose condition upon the petitioner to ensure his presence in the criminal proceedings to conclude the same expeditiously.
10. Till date petitioner surrenders himself, within stipulated period mentioned hereinabove, the arrest warrant issued against petitioner shall remain stayed.
