ORDER :

S.V. PINTO, J.

1. Rule. Learned APP Mr. Jaideep A. Darwani and learned advocate Ms. Yukta Pandey waive service of notice of rule for the respective respondents.

2. By way of this application, the applicant has prayed for quashing of the complaint proceedings / conviction order dated 13.11.2025 passed by learned 9th Additional Chief Judicial Magistrate, N.I.Act, Court No. 31, Ahmedabad City in Criminal Case No. 64703 of 2022 under Section 138 of the Negotiable Instruments Act, 1881, on the ground that during pendency of the proceedings, the parties have amicably settled their dispute and the entire due amount has been paid by the applicant to the respondent.

3. Heard learned advocate Mr.Jaideep. A. Darwani for the applicant, learned APP Ms. C.M.Shah for the respondent no.1 – State and learned advocate Ms.Yukta Pandey for the respondent no.2 – original complainant.

4. Learned advocate Mr.Jaideep. A. Darwani for the applicant submits that the dispute between the parties has been amicably settled between the parties and the respondent no.2 – original complainant has received the entire due amount and does not with to prosecute the matter further. The compromise has been entered into voluntarily, without any coercion, undue influence or pressure and, therefore, the respondent no.2 has no objection if the impugned judgment and order of conviction as well as all other consequential proceedings arising pursuant thereto are quashed against the applicant – accused.

5. Learned advocate Mr. Jaideep A. Darwani for the respondent no.2 – original complainant submits that the respondent no.2 – original complainant is present before this Court and has produced a copy of affidavit of the respondent no.2 – original complainant, which is taken on record.

6. Learned APP Ms.C.M.Shah for the respondent no.1 – State submits that the impugned judgment and order of sentence is just and proper; however, considering the fact that the dispute between the parties is amicably settled, necessary order may be passed.

7. The respondent no.2 – original complainant is present in person before this Court, and on inquiry, submits that the dispute between them has been settled amicably and the entire due amount has been received and he does not wish to prosecute the matter further. He admits to the contents of the affidavit and submits that the compromise has been entered into his own free will without any fear, threat and coercion.

8. The affidavit filed by the respondent no. 2 – original complainant reads as under:

“I, Mr. Brijesh S/o Rasikbhai Panchal (Partner and Karta, Jay Ambe Finance Company). Age : 51, Occupation : Business, residing at B-301, Shyam Residency, Opp. Horizon, Science City, Sola, Near Manav Bungalows, Sola, Ahmedabad – 380 060, do here by solemnly affirm and state as under:

1. I say that I am the original complainant –respondent no. 2 in the presence proceedings and the complainant in Criminal Case No. CC/64703/2022, filed under the provisions of the Negotiable Instruments Act, 1881, before the Court of 9^th Additional Chief Judicial Magistrate, Court No. 31 (Negotiable Instruments Act, 1881) at Ahmedabad, wherein, the present petitioner (original accused) is the accused.

2. 1 say that the Learned Court was pleased to convict the petitioner vide judgment and order dated 13/11/2025 passed in the aforesaid case.

3. 1 say that subsequently, owing to cordial and familial relations and with the intervention of mediators and well-wishers, the dispute has been amicably resolved on27/04/2026.

4. I say that the petitioner has paid a total sum of Rs.3,75,000/-in cash (Rupees Three Lakh Seventy-Five Thousand Only) to me in full and final settlement of all disputes. I further state that, with my free consent and owing to cordial and familial relations, and with the intervention of mediators and well- wishers, I have voluntarily waived the remaining amount of Rs.1,25,000/- (Rupees One Lakh Twenty-Five Thousand Only), along with all claims and liabilities arising