IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 6113 of 2026 ==========================================================

PUSHPABEN LALUBHAI CHUDASAMA Versus STATE OF GUJARAT & ANR.

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Appearance:

MR YASH H JOSHI(6495) for the Applicant(s) No. 1 MR MANAN MAHETA, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS Date : 12/03/2026

ORAL ORDER

1. Learned advocate Mr. Harshil M. Rajput appears and submits that he has instructions to appear on behalf of the respondent no.2 - complainant. He is permitted to file his appearance. Registry shall accept his vakalatnama.

2. By way of preferring the present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant-accused seeks to invoke the inherent powers of this Court, praying to quash and set-aside the judgment and order dated 08.07.2025 passed by the learned 20^th Additional Chief Judicial Magistrate, Ahmedabad, in Criminal Case No.53151 of 2017, for the offence punishable under Section 138 of the Negotiable Instruments Act, as well as all other consequential proceedings arising pursuant thereto.

3. Today, when the matter is called out, the complainant, who is personally present before this Court, has produced his identity proof, which is ordered to be taken on record. The affidavit of the complainant is annexed at Annexure – B to the application. In the said affidavit, the complainant has categorically stated that he has received his dues and the dispute has been amicably resolved with the applicant. The complainant has further stated that he has no grievance or ill-

will against the applicant.

4. Considering the issue involved in the present application as well as considering the fact that the dispute has been amicably resolved between the parties, with the consent of learned advocates appearing for the respective parties, the present application is taken up for final disposal.

5. RULE returnable forthwith. Learned APP Mr. Manan Maheta waives service of notice of rule for and on behalf of the respondent no.1 – State and learned advocate Mr. Harshil M. Rajput waives service of notice of rule for and on behalf of the respondent no.2 – complainant.

6. The complainant, who is personally present before this Court, has categorically stated that the dispute has been amicably resolved with the applicant and he has no objection if the application is allowed and the impugned judgment and order is quashed and set-aside.

7. The relevant paragraphs of the affidavit filed by the complainant – Icon Financial Service through Assistant Manager, Gautambhai Revabhai Chavda, read thus :

“1. That I am the original complainant of a Criminal case no 53151/2017 Passed by The Ld. 20th Additional Chief Judicial Magistrate, Ahmedabad(NI ACT COURT NO 30) by order dated 08/07/2025 convicted the present Applicant U/s 138 of the Negotiable Instrument Act.

2. That original accused has already pay the entire cheque amount, therefor now there is a compromise between the Applicant and myself the complainant. I say that in view of the compromise between the parties, I don't have any grievance against the present Applicant original accused.

3. I therefore say and submit that the original accused has already pay the entire cheque amount therefore orders passed against Applicant may be quashed and I have no objection for the same for quashing the order against the Applicant of this petition which is at Annexure-A.”

8. Thus, it appears from the aforesaid that to continue further with the proceedings pursuant to the impugned judgment and order would be a futile exercise and the same would amount to abuse of process of law.

9. Having heard learned advocates appearing for the respective parties as well as considering the facts and circumstances arising out of the present application and taking into consideration