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2026 DAILYLAW 3156 (GUJ)

GOHIL DALUBHA LALABHA v. STATE OF GUJARAT

SCR.A/12339/2026 · 2026-08-24

M R Mengdey

body2026

Judgment text

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R/SCR.A/12339/2026(GJHC240626192026) ORDER DATED: 24/08/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 12339 of 2026 ========================================================== GOHIL DALUBHAI LALABHA Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR MANGAL V GADHAVI(11922) for the Applicant(s) No. 1 MR. HARDIK SONI, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY Date : 24/08/2026 ORDER 1. Draft amendment is granted. Amendment be carried out forthwith. 2. Learned Advocate Mr. Jaydeep B. Bauddh appearing for the original complainant shall file his appearance before the Registry. 3. Present application is preferred by the petitioner under Article 226 of the Constitution of India seeking quashing of judgment dated 19.11.2024 passed by the learned 5th Additional Chief Judicial Magistrate, Jamnagar in Criminal Case No.11990 of 2023. 4. Heard learned Advocate for the petitioner and learned APP for the Respondent – State. 5. Rule. Learned APP waives service of notice for and on behalf of the respondent – State. 6. Learned Advocate for the petitioner has submitted that the matter has R/SCR.A/12339/2026(GJHC240626192026) ORDER DATED: 24/08/2026 been amicably settled between the parties and they are now not willing to proceed with the complaint any further. 7. The complainant is present before the Court who has identified by the learned Advocate Mr. Jaydeep B. Bauddh appearing on his behalf. He has also filed an affidavit dated 24.08.2026 on record indicating that the matter has been amicably settled between the parties and there is no objection if present application is allowed. It is also stated in the affidavit that the complainant relinquishes his right to recover the cheque amount and all other consequential monitory claims. The said affidavit is ordered to be taken on record. 8. Considering averments made in the Affidavit as also the submissions made by the learned Advocates for the respective parties, the present petition deserves to be allowed and is hereby allowed. The complaint registered against the present petitioner under Section 138 of the N.I. Act as well as the judgment dated 19.11.2024 passed by the learned 5th Additional Chief Judicial Magistrate, Jamnagar in Criminal Case No.11990 of 2023 is hereby quashed and set aside. Rule is made absolute. (M. R. MENGDEY,J) RAVI OZA Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: RAVI OZA(HCW0111), ENGLISH STENOGRAPHER GRADE ONE, at High Court of Gujarat on 24/08/2026 16:35:56