ORDER :

S.V. PINTO, J.

Learned advocate Ms. Chetna Joshi submits that she has received instructions to appear on behalf of the respondent No. 2 – Orignal complainant as also seeks permission to file her appearance on behalf of the respondent No.2. Registry to accept the same.

1. Rule. Learned APP Mr. Aditya Jadeja and learned advocate Ms. Chetna Joshi waive service of notice of rule for the respective respondents.

2. By way of this application, the applicant has prayed for quashing of the complaint proceedings/conviction order dated 19-09-2025 passed by learned Chief Judicial Magistrate, Surendranagar in Criminal Case No. 2178 of 2023 under Section 138 of the Negotiable Instruments Act, 1881, (hereinafter referred to as ‘the N.I.Act) on the ground that during pendency of the proceedings, the parties have amicably settled their dispute and the entire cheque amount along with agreed settlement amount has been paid by the applicant to the respondent.

3. Heard learned advocate Mr. Munjal Acharya for the applicant, learned APP Mr. Aditya Jadeja for the respondent no.1 – State and learned advocate Ms. Chetna Joshi for the respondent no.2 – original complainant.

4. Learned advocate Mr. Munjal Acharya for the applicant submits that the dispute between the parties has been amicably settled between the parties and the respondent no.2 – original complainant has received the entire settlement amount and does not wish to prosecute the matter further. The compromise has been entered into voluntarily, without any coercion, undue influence or pressure and, therefore, the respondent no.2 has no objection if the impugned judgment and order of conviction as well as all other consequential proceedings arising pursuant thereto are quashed against the applicant – accused.

5. Learned advocate Ms.Chetna Joshi for the respondent no.2 – original complainant submits that the respondent no.2 – original complainant is present before this Court and has produced a copy of affidavit of the respondent no.2 – original complainant, which is taken on record.

6. Learned APP Mr. Aditya Jadeja for the respondent no.1 – State submits that the impugned judgment and order of sentence is just and proper; however, considering the fact that the dispute between the parties is amicably settled, necessary order may be passed.

7. The respondent no.2 – original complainant is present in person before this Court, and on inquiry, submits that the dispute between them has been settled amicably and the entire settlement amount has been received and he does not wish to prosecute the matter further. He admits to the contents of the affidavit and submits that the compromise has been entered into of his own free will without any fear, threat and coercion.

8. The affidavit filed by the respondent no. 2 – original complainant reads as under:

I, Mohsin Kasambhai Padharshi, ged : 35 yrs., male, residing at : Block NO. 167 Old Housing Board, Nr.Pagal Bapuni Dargah, Surendranagar, the ori. Complainant - res. no.2 herein do hereby solemnly affirm and state on oath that:

1. I am filing this affidavit and fully conversant with the facts and circumstances of the case and I am duly competent to file this affidavit.

2. I say that I and the petitioner have settled the dispute and the respondent No.2 herein does not want to pursue any proceeding against the petitioner and therefore, this is a fit case, wherein, this Hon'ble Court may be pleased to exercise the powers under Section-528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to quash and set aside the complaint and impugned order.

3. I say and submit that I have gone through the memo of the petition and the facts and grounds stated in the memo of petition are not disputed by me. At the outset, I say and submit that dispute and grievance of both the side have been amicably settled and I have no grievance against the applicant.”

9. So far as Section 482 of the Cr.P.C. is concerned, the Apex Court in the case of Parbatbhai Aahir Alias Parbatbhai Bhimsinhbhai