IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 27126 of 2025 ==========================================================

VAGHELA VIRENDRASINH GIGUJI Versus STATE OF GUJARAT & ANR.

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Appearance:

MR ANVESH V VYAS(5654) for the Applicant(s) No. 1 MR. UTSAV H RAVAL(14345) for the Applicant(s) No. 1 MR. MANAN MAHETA, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS Date : 24/02/2026

ORAL ORDER

1. Learned advocate Mr.Sanju Nakhva 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 impugned judgment and order dated 04.08.2025 passed by the learned Judicial Magistrate First Class, Kadi, in Criminal Case No.3218 of 2023, for the offence punishable under Section 138 of the Negotiable Instruments Act, as well as all other consequential proceedings arising pursuant thereto qua the present applicant.

3. Today, when the matter is called out, the complainant, who is personally present before the Court, has produced his identity proof as well as the affidavit, which are ordered to be taken on record. 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.Sanju Nakhva waives service of notice of rule for and on behalf of the respondent no.2 – complainant.

6. The complainant, who is personally present before the 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 read thus :

“(2) That the impugned Case was filed by me considering the incident which was narrated by me while registering the case and I am capable of filing this affidavit since I am the original complainant who preferred the captioned complaint alleging that the accused needed money of Rs 1,92,000/- and give me assurance he would give back within 6 Months and after that upon inquiry the accused did not give money back and he was handed over me the cheque which was returned unpaid.

(3) After filing the Complaint, we were contacted by the elder people of our communities whom we respect a lot, and with the consultation of the elder people of the accused community and as we have been requested by the elder people of both communities to settle the issue amicably, we have also put our thought full consideration and after application of mind in detail, we have decided to settle the issue to win the peace and harmony amongst us the accused repented a lot and they felt sorry for the incident and we have forgiven them and we want to set an example of peace and harmony and thereby seek the development of our villages where we reside and therefore if the matter is settled and Case being no Ld. 3218/2023 dated 04/08/2025 decided by Judicial Magistrate First Class court at Kadi for the offenses pun