R/CR.MA/22353/2025 ORDER DATED: 16/10/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 22353 of 2025 With R/CRIMINAL MISC.APPLICATION NO. 22357 of 2025 ========================================================== FEJALBHAI GAFURBHAI MEMON Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR VAIBHAV N SHETH(5337) for the Applicant(s) No. 1 MR HK PATEL & MR NIRAJ SHARMA APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE R. T. VACHHANI Date : 16/10/2025 COMMON ORAL ORDER 1. Rule. Respondents waives service. Learned Advocate Ms.Kinjal R Patel, appears for the respondent No.2 – original complainant. 2. Both the parties to the proceedings, filed under Section 138 of the Negotiable Instruments Act, submit that the matter is settled between the parties and to that effect compromise affidavit has been filed by the parties and the complainant is present before the Court, who has acknowledged the said aspect. It is further submitted that the petitioner is ready and willing to deposit the compounding charges at 7.5% of the each cheque amount before the Registry of this Court and to place on record the receipts thereof on record of the case. Registry to accept the compounding charges. 3. After verifying voluntary character of the compromise, by which the complainant has compounded the offence of section 138 of NI Act, which is permissible in view of section 147 of NI Act and as the parties have amicably settled their dispute, impugned order of conviction and R/CR.MA/22353/2025 ORDER DATED: 16/10/2025 sentence passed by the learned Trial Court and confirmed by the learned first appellate Court is required to be quashed and set aside in order to secure ends of justice and accordingly, they are quashed and set aside. 4. In view of this, the applicant shall not be under obligation to serve the remaining sentence and the applicant shall be treated as acquitted on account of compounding of offence with the complainant. It is submitted by learned advocate appearing for the petitioner that at present the petitioner is in judicial custody and places on record the certificate dated 16/10/2025 issued by the In-charge Superintendent, District Jail, Himmatnagar. Since the dispute between the parties have been settled, the petitioner is ordered to be released from the jail, if not required, in any case. 5. Rule is made absolute to the aforesaid extent. (R. T. VACHHANI, J) MVP Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: MITESH VIJAYBHAI PANCHAL(HCD0065), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 16/10/2025 18:43:44