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NEUTRAL CITATION

R/CR.MA/7351/2026 ORDER DATED: 30/03/2026

0.17678114592469785

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 7351 of 2026

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MUKESHJI BALVANTJI MALOSANA Versus

STATE OF GUJARAT & ANR.

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Appearance:

MR. HARSHAL S. PATEL(14220) for the Applicant(s) No. 1 MS KRINA CALLA, APP for the Respondent(s) No. 1

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CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS

Date : 30/03/2026

ORAL ORDER

1. Learned advocate Mr. Nikul B. Chaudhari 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 order dated

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NEUTRAL CITATION

R/CR.MA/7351/2026 ORDER DATED: 30/03/2026

0.17678114592469785

23.08.2023 passed by the learned Additional Civil Judge and JMFC, Palanpur, District – Banaskantha, in Criminal Case No. 1174 of 2025, 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 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. 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

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NEUTRAL CITATION

R/CR.MA/7351/2026 ORDER DATED: 30/03/2026

0.17678114592469785

present application is taken up for final disposal.

5. RULE returnable forthwith. Learned APP Ms. Krina Calla waives service of notice of rule for and on behalf of the respondent no.1 – State and learned advocate Mr. Nikul B. Chaudhari waives service of notice of rule for and on behalf of

the respondent no.2 – complainant.

6. The complainant, who is present in the Court, has categorically stated before this Court that the dispute has been resolved and he has no objection if the application is allowed

and the impugned order is quashed and set-aside.

7. The relevant paragraph of the affidavit reads thus :

“ I say and submit that the applicant had taken a stock on credit amount of Rs.54,520/- from my firm in December-2022 and with regard to that due amount present applicant issued a cheque bearing no.000004 of Kotak Mahindra Bank Deesa, Branch of amount Rs.

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NEUTRAL CITATION

R/CR.MA/7351/2026 ORDER DATED: 30/03/2026

0.17678114592469785

54,520/- which was dishonored so I had filed criminal case no. 1174 of 2023 under section 138 of N.I. Act in which after conclusion of trial Ld. learned Additional Civil Judge & JMFC, Palanpur Dist: Banaskantha was convicted present applicant for 3 (Three) month and after the said conviction with the interventions of the common friends and family members the matter is amicably settled and I have received the amount for which I had filed the criminal case before the concerned court below and now if this hon'ble court may