Case Note & Summary
The petitioner, Shah Rupal Mahendrabhai, filed two Special Criminal Applications under Article 226 of the Constitution of India before the Gujarat High Court seeking relief against orders passed by the learned 15th Additional Chief Judicial Magistrate, Ahmedabad in Criminal Case No.2746 of 2017 and Criminal Case No.2754 of 2017. The background of the case involves complaints lodged against the petitioner for offences punishable under Section 138 of the Negotiable Instruments Act, 1881 (NI Act). Upon filing of the complaints, the trial court issued summons to the petitioner, who initially appeared and was provided documents under Section 207 of the Code of Criminal Procedure, 1973 (Cr.P.C.), and his plea was recorded at Exhibit-8. The complainant entered the witness box, and the matter reached the stage of cross-examination by the petitioner. However, thereafter, the petitioner failed to appear before the trial court either personally or through his advocate. Consequently, the trial court closed the cross-examination stage and proceeded to record the further statement of the petitioner. The petitioner again failed to appear, leading the trial court to proceed ex-parte. On 20.02.2026, the trial court convicted the petitioner under Section 138 of the NI Act and ordered issuance of a non-bailable warrant against him. Aggrieved by the issuance of the warrant, the petitioner approached the High Court seeking time to file an appeal against the conviction order and conversion of the non-bailable warrant into a bailable warrant to enable him to appear before the trial court and furnish bail. The High Court, after considering the submissions, allowed the petitions. The court permitted the petitioner to file an appeal against the orders dated 20.02.2026 within a stipulated time and directed that upon filing the appeal, the petitioner be allowed to pay the amount as specified in the trial court's order within the time stipulated therein. Additionally, the court converted the non-bailable warrant issued against the petitioner into a bailable warrant to facilitate his appearance before the trial court for furnishing bail. The court also stayed the proceedings of the criminal cases pending further orders. The judgment was delivered by Honourable Mr. Justice M. R. Mengdey on 16/03/2026.
Headnote
A) Criminal Procedure - Non-Bailable Warrant - Conversion to Bailable Warrant - Article 226 of Constitution of India - Petitioner convicted under Section 138 of Negotiable Instruments Act, 1881 and non-bailable warrant issued due to non-appearance - Court allowed conversion to bailable warrant to enable petitioner to appear and furnish bail, holding that such conversion is in the interest of justice to allow the petitioner to participate in proceedings (Paras 1-4). B) Negotiable Instruments Act - Section 138 - Appeal - Extension of Time - Article 226 of Constitution of India - Petitioner sought time to file appeal against conviction order dated 20.02.2026 - Court permitted petitioner to file appeal within stipulated time and to pay the amount as per the order, holding that the petitioner should be given an opportunity to avail statutory remedy (Paras 1-4).
Issue of Consideration
Whether the petitioner should be granted time to file an appeal against the conviction order under Section 138 of the NI Act and whether the non-bailable warrant issued by the trial court should be converted into a bailable warrant to enable the petitioner to appear before the trial court.
Final Decision
The High Court allowed the petitions. It permitted the petitioner to file an appeal against the orders dated 20.02.2026 within a stipulated time and directed that upon filing the appeal, the petitioner be allowed to pay the amount as specified in the trial court's order within the time stipulated therein. The court also converted the non-bailable warrant issued against the petitioner into a bailable warrant to enable him to appear before the trial court for furnishing bail. The proceedings of the criminal cases were stayed pending further orders.
Law Points
- Section 138 of Negotiable Instruments Act
- 1881
- Article 226 of Constitution of India
- Section 207 of Code of Criminal Procedure
- 1973
- Conversion of non-bailable warrant to bailable warrant
- Extension of time to file appeal
