Modification of Order dtd.

0.1814207702241113 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 21326 of 2025 [On note for speaking to minutes of order dated 17/02/2026 in R/CR.MA/21326/2025 ]

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DAMYANTIBEN W/O. GHANSHYAM PARSHOTTAMDAS PATEL (AMIN)

Versus STATE OF GUJARAT & ANR.

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Appearance:

MR. HARSH M UPADHYAY(17556) for the Applicant(s) No. 1 MR. MANAN MAHETA, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS Date : 17/03/2026

ORAL ORDER

1. Learned advocate Mr. Harsh Upadhyay appearing for the applicant seeks permission to withdraw the present Note for Speaking to Minutes.

2. Permission as prayed for is granted. The Note stands disposed of as withdrawn.

(VIMAL K. VYAS, J)

prk

0.1814207702241113 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 21326 of 2025 ==========================================================

DAMYANTIBEN W/O. GHANSHYAM PARSHOTTAMDAS PATEL (AMIN)

Versus STATE OF GUJARAT & ANR.

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Appearance:

MR. CHINTAN V. ACHARYA, ADVOCATE FOR MR. HARSH M UPADHYAY(17556) for the Applicant(s) No. 1 MS. ASMITA PATEL, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS Date : 17/02/2026

ORAL ORDER

1. Learned advocate Mr. Jamshed B. Dastoor appears and submits that he has instructions to appear on behalf of the respondent no.2 – original complainant. 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 30.12.2022 passed by the learned 5^th Additional Chief Judicial Magistrate, Anand, in Criminal Case No. 1546 of 2006, for the offence punishable under Section 138 of the Negotiable Instruments Act, as well as all other consequential proceedings

0.1814207702241113 arising pursuant thereto.

3. Today, when the matter is called out, the authorized officer of the complainant Bank, who is personally present before this Court, has produced his identity proof as well as submitted an affidavit, which are ordered to be taken on record. In the said affidavit, the complainant has categorically stated that now he has no grievance against the applicant as the complainant Bank has received its dues. He has further stated that the dispute has been amicably resolved and there is no ill-

will or any grievance with 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 the learned advocates appearing for the respective parties, the present application is taken up for final disposal.

5. RULE returnable forthwith. Learned APP Ms. Asmita Patel waives service of notice of rule for and on behalf of the respondent no.1 – State and learned advocate Mr. Jamshed B. Dastoor waives service of notice of rule for and on behalf of the respondent no.2 – complainant.

6. The authorized officer of the complainant Bank, who is personally present in the Court, has categorically stated before this Court that he has no objection if the application is allowed

0.1814207702241113 and the judgment and order of conviction and sentence dated 30.12.2022 passed by the learned 5^th Additional Chief Judicial Magistrate, Anand, in Criminal Case No. 1546 of 2006, is quashed and set-aside.

7. Thus, it appears from the aforesaid that to continue further with the proceedings pursuant to the impugned judgment and order of conviction and sentence would be a futile exercise and the same would amou