ORAL ORDER

1. Learned advocate Ms.Pooja Baswal appears and submits that she has instructions to appear on behalf of the respondent no.2 - complainant. She is permitted to file her appearance. Registry shall accept her vakalatnama.

2. By way of filing the present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant-accused has prayed to quash and set-aside the judgement and order dated 01.01.2024 passed by the learned 3rd Additional Chief Judicial Magistrate, Gandhidham-Kachchh, in Criminal Case No.4254 of 2022, for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, 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. He has also filed an affidavit, which is annexed as Annexure “B” to the application. In the affidavit, the complainant has categorically stated that the dispute has been amicably resolved between him and the applicant and there is no ill-will or any grievance amongst them.

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 Mr.Manan Maheta waives service of notice of rule for and on behalf of the respondent no.1 – State and learned advocate Ms.Pooja Baswal 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 he has no objection if the application is allowed and the impugned judgement and order is quashed and set-aside. Thus, it appears from the aforesaid that to continue further with the proceedings pursuant to the impugned judgment and order would be nothing but a futile exercise and the same would amount to abuse of process of law.

7. The relevant paragraphs of the affidavit filed by the complainant, read thus :

“1. I say and submit that I had filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, which came to be registered as Criminal Case No. 4254 of 2022 before the Learned 3rd Additional Chief Judicial Magistrate, Kachchh.

2. I further state that the Learned Trial Court, by Judgment and Order dated 01/01/2023, was pleased to convict the petitioner for the offence punishable under Section 138 of the Negotiable Instruments Act and sentenced him to undergo Simple Imprisonment for one year and to pay compensation of Rs.2,25,000/-, and in default thereof, to undergo Simple Imprisonment for one year.

3. I state that after the passing of the aforesaid judgment, the dispute between the parties has been amicably settled. The petitioner and I have mutually resolved our grievances and agreed to settle the matter for a sum of Rs.1,00,000/- (Rupees One Lakh Only).

4. I further state that the said settlement amount has been agreed considering the financial condition of the petitioner, who has allegedly been cheated by fraudsters from Rajasthan and whose substantial amount has been blocked. In this regard, the petitioner has also lodged an FIR being C.R. No. 11993006211879 of 2021 registered at A-Division Police Station, Kachchh, involving an amount of approximately Rs. 38,00,000/-.

5. I state that it has been mutually agreed that the petitioner shall hand over a Demand Draft of Rs. 1,00,000/- before this Hon'ble Court at the time of hearing of the present petition, towards full and final settlement of the dispute.

6. I respectfully submit that the dispute between the parties is purely monetary and personal in nature, and since the matter has now been amicably settled, I do not wish to pursue the compl