Modification of Order dtd.

0.8672702478055225 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 14533 of 2022 [On note for speaking to minutes of order dated 17/02/2026 in R/CR.MA/14533/2022 ]

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Appearance:

MR HIMANSU M PADHYA(1611) for the Applicant(s) No. 1,2 MR KUNAL P VAISHNAV(5111) for the Respondent(s) No. 1 MS ASMITA PATEL, APP for the Respondent(s) No. 2 ==========================================================

CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS Date : 05/03/2026

ORAL ORDER

1. By this Note for Speaking to Minutes dated 24.02.2026, learned advocate Mr.Himanshu M.Padhya has submitted that through inadvertence, typographical error has crept in paragraphs nos.1 and 9 of the order dated 17.02.2026 passed by this Court in the captioned application, which is required to be rectified. He has further submitted that considering the aforesaid, paragraph no.10 of the order dated 17.02.2026 may be deleted as the same would not be required. Learned advocate Mr.Padhya has, therefore, requested this Court to modify the order to the aforesaid extent.

2. Learned advocate Mr.Padhya has submitted that in the case on hand, on 23.11.2021, the learned Additional Chief Metropolitan Magistrate, Ahmedabad, had issued the process/summons against the present applicants and the complaint filed under Section 138 of the Negotiable Instruments Act, 1881, was ordered to be registered as the Criminal Case.

3. Learned advocate Mr.Padhya has further submitted that the present application has been preferred under Section 482 of the Code of Criminal Procedure, 1973, praying to quash and set-aside the criminal complaint registered as the Criminal Case No.145421 of 2021 pending before the learned Additional Chief Metropolitan Magistrate, Court No.32, Ahmedabad, as well as the order of issuance of process, for the offence punishable under Section 138 of the Negotiable Instruments Act.

4. Learned advocate Mr.Padhya has, however, submitted that through inadvertence the following words have been typed in paragraphs nos.1 and 9, respectively, of the order dated 17.02.2026 passed in the captioned application :-

“1 .…..praying to quash and set-aside the judgment and order dated 23.11.2021 passed by the learned Additional Chief Metropolitan Magistrate, Ahmedabad, in Criminal Case No.145421 of 2021, for the offence punishable under Section 138 of the Negotiable Instruments Act, as well as all other consequential proceedings arising pursuant thereto”.

“9. In the result, the application is allowed. The judgment and order dated 23.11.2021 passed by the learned Additional Chief Metropolitan Magistrate, Ahmedabad, in Criminal Case No.145421 of 2021, for the offence punishable under Section 138 of the Negotiable Instruments Act, as well as all other consequential proceedings arising pursuant thereto are hereby ordered to be quashed and set-aside qua the applicant.”

5. He has, therefore, requested to rectify/modify paragraphs nos.1 and 9 of the order dated 17.02.2026 as under :-

“1. …..praying to quash and set-aside the criminal complaint registered as Criminal Case No.145421 of 2021 pending before the learned Additional Chief Metropolitan Magistrate, Court No.32, Ahmedabad, as well as the order of issuance of process, for the offence punishable under Section 138 of the Negotiable Instruments Act.”

“9. In the result, the application is allowed. The criminal complaint registered as Criminal Case No. 145421 of 2021 pending before the learned Additional Chief Metropolitan Magistrate, Court No.32, Ahmedabad, as well as the order of issuance of process, for the offence punishable under Section 138 of the Negotiable Instruments Act, are hereby ordered to be quashed an