ORDER :

S.V. PINTO, J.

1. Learned advocate Mr. Shakti Mathew states that he has instruction to appear for the respondent no.2 – HDFC Bank Ltd. and he may be permitted to file his appearance for the respondent no.2 – HDFC Bank Ltd. .

2. Rule. Learned APP Mr. Aditya Jadeja and learned advocate Mr.Shakti Mathew waive service of notice of rule for the respective respondents.

3. By way of this application, the applicant has prayed for quashing and setting aside the order dated 13.08.2025 passed by learned 9^th Additional Chief Judicial Magistrate, Rajkot in Criminal Case No. 6395 of 2023 on the ground amicable settlement between the parties.

4. Heard learned advocate Mr.Apurva K. Jani for the applicant, learned APP Mr. Aditya Jadeja for the respondent no.1 – State and learned advocate Mr.Shakti Matherw for the respondent no.2 – – HDFC Bank Ltd.

5. Learned advocate Mr. Apurva K. Jani for the applicant submits that the dispute between the parties has been amicably settled between the parties and the respondent no.2 – – HDFC Bank Ltd. has received the settlement amount i.e. 61,000/- as the applicant was facing financial crunch and rest of the amount has been waived and does not with to prosecute the matter further. Therefore, the respondent no.2 – HDFC Bank Ltd. 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.

6. Learned advocate Mr. Shakti Mathew for the respondent no.2 – HDFC Bank Ltd. submits that Kiranbhai Rajeshkumar Sukhadiya, an authorized person of the respondent no.2 – HDFC Bank Ltd. is present before this Court and has produced a copy of affidavit of the respondent no.2 – HDFC Bank Ltd. , which is taken on record.

7. Learned APP Mr. Aditya Jadeja 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.

8. Kiranbhai Rajeshkumar Sukhadiya, an authorized person of the respondent no.2 – HDFC Bank Ltd. is present before this Court, and on inquiry, submits that the dispute between has been settled amicably and as the applicant has been facing financial, the settlement amount of Rs.61,000/- has been received by the respondent no.2 – HDFC Bank Ltd. and rest of the amount has been waived by the respondent no.2 – HDFC Bank Ltd. and now the bank does not wish to prosecute the matter further. He submits that as he is duly authorized persons to this affidavit, he admits to the contents of the affidavit and submits that the compromise has been entered into his own free will.

9. The affidavit filed by the respondent no.2 – HDFC Bank Ltd. reads as under:

“I, Kiranbhai Rajeshkumar Sukhadiya, Male, aged 39 years, having address at HDFC Bank Ltd, 4th Floor, "C" wing, Sheetal West Park Imperia, Beside Ahemdabad One Mall, Near Vastrapur Lake, Vastrapur, Ahmedabad 380052, the original complainant, do hereby affirm and state on oath as under:

1. I am working on the post of Legal Manager, HDFC Bank having employee code No. K9066 and have been duly authorised on this behalf by necessary resolution of the HDFC Bank dt. 21.08.2025 and my name figures at Sr. No. 31 in the list. A copy of resolution and relevant extract of list is annexed hereto at Annexure - R1.

2. I say and submit that at relevant time, the complainant was filed by authorised officer of the bank who had filed Criminal Case No. 6395 of 2023 before the Ld. 6th Addl. Chief Judicial Magistrate, Rajkot in for the offence punishable under Sec. 25 of the Payment and Settlement Systems Act, 2007, wherein, by order dt. 13.08.2025 passed by the Ld. 9% Addl. Chief Judicial Magistrate, Rajkot, the applicant has been convicted for the offence punishable under Sec. 25 of the Payment and Settlement Systems Act, 2007.

3. I say and submit that thereafter, the applicant has approached the HDFC Bank for settlement of t