R/CR.MA/8137/2026 ORDER DATED: 08/04/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 8137 of 2026 ========================================================== NARENDRABHAI MANSUKHBHAI DOD Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR ANIL H RATHOD(9691) for the Applicant(s) No. 1 MS. KRINA P. CALLA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS Date : 08/04/2026 ORAL ORDER 1. Learned advocate Mr. Utsav R. Shah appears and submits that he has instructions to appear on behalf of the respondent no.2 – complainant. He is permitted to file his appearance. Registry shall accept his vakalatnama. 2. By way of preferring the present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant-accused seeks to invoke the inherent powers of this Court, praying to quash and set-aside the judgment and order dated 12.03.2026 passed by the learned 6th Additional Sessions Judge, Rajkot, in Criminal Appeal No. 419 of 2024; as well as the judgment and order dated 18.05.2024 passed by the learned 18th Additional Senior Civil Judge and Additional Chief Judicial Magistrate, Rajkot, in Criminal Case No. 6536 of 2018, for the R/CR.MA/8137/2026 ORDER DATED: 08/04/2026 offence punishable under Section 138 of the Negotiable Instruments Act as well as all other consequential proceedings arising pursuant thereto. 3. Today, when the matter is called out, the complainant, who is personally present before this Court, has produced his identity proof as well as submitted an affidavit, which are ordered to be taken on record. In the said affidavit, the complainant has categorically stated that he has already received his dues and has no grievance against the applicant. He has further submitted that the dispute has been amicably resolved with the applicant and there is no ill-will or any grievance amongst them. 4. Considering the issue involved in the present application as well as considering the fact that the dispute has been amicably resolved between the parties, with the consent of the learned advocates appearing for the respective parties, the present application is taken up for final disposal. 5. RULE returnable forthwith. Learned APP Ms. Krina Calla waives service of notice of rule for and on behalf of the respondent no.1 – State and learned advocate Mr. Utsav R. Shah waives service of notice of rule for and on behalf of the respondent no.2 – complainant. 6. The complainant, who is personally present in the Court, R/CR.MA/8137/2026 ORDER DATED: 08/04/2026 has categorically stated before this Court that he has no objection if the application is allowed and the impugned judgment and order of conviction and sentence dated 12.03.2026 passed by the learned 6th Additional Sessions Judge, Rajkot, in Criminal Appeal No. 419 of 2024; as well as the impugned judgment and order dated 18.05.2024 passed by the learned 18th Additional Senior Civil Judge and Additional Chief Judicial Magistrate, Rajkot, in Criminal Case No. 6536 of 2018, are quashed and set-aside. 7. Thus, it appears from the aforesaid that to continue further with the proceedings pursuant to the impugned judgments and orders would be a futile exercise and the same would amount to abuse of process of law. 8. The relevant paragraphs of the affidavit filed by the complainant – Bharatbhai Haribhai Gohel, read thus : “2. I submit that I've filed private complaint u/s 138 of NI Act viz. Criminal Case NO. 6536 of 2018 against the present applicant before the Id. CJM, Rajkot in which evidence was produced and argument was made by both the sides and thereafter the present applicant came to be ordered to undergo 1 year for the offence under Section 138 of NI Act along with fine of Rs. 4,00,000, being aggrieved by the order of conviction, the applicant preferred captioned appeal viz. Criminal Appeal No. 419 of 2024 before the appellate court which came to be rejected by order dated 12.03.2026, and subsequently, we have resolve the dispute, now no grievances exists amongst us. I say and submit that disputed amount is returned back by the accused and that is how dispute got resolved. 3. I say and submit that I have received entire cheque amount Rupees 4,00,000/- (Four lacs rupees only). Page 3 of 5 R/CR.MA/8137/2026 ORDER DATED: 08/04/2026 4. I say and submit that the dispute in question between the two parties came to be resolved amicably and peacefully, with the help of community leader, friends and relatives. I submit that as now the dispute no longer exists amongst us, under these set of circumstances, I request the Hon'ble Court to terminate the proceeding as prayed for by the applicant, and I also urges the Hon'ble Court to exercise the inherent jurisdiction for considering the prayer of the applicant in the facts and circumstances of the present case.” 9. Having heard learned advocates appearing for the respective parties as well as considering the facts and circumstances arising out of the present application and taking into consideration the decisions rendered in the cases of Gian Singh vs. State of Punjab & Another, reported in (2012) 10 SCC 303, Madan Mohan Abbot vs. State of Punjab, reported in (2008) 4 SCC 582, Nikhil Merchant vs. Central Bureau of Investigation & Another, reported in (2009) 1 GLH 31, Manoj Sharma vs. State & Others, reported in (2009) 1 GLH 190, and Narinder Singh & Others vs. State of Punjab & Another, reported in (2014) 2 Crime 67 (SC) as well as State of Haryana vs. Bhajanlal, reported in AIR 1992 SC 604, it appears that continuing further with the proceedings pursuant to the impugned judgments and orders would be a futile exercise and the same would amount to abuse of process of law. Hence, to secure the ends of justice, the impugned judgments and orders as well as all other consequential proceedings arising pursuant thereto are required to be quashed and set- aside in exercise of the powers conferred 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Page 4 of 5 R/CR.MA/8137/2026 ORDER DATED: 08/04/2026 10. In the result, the application is allowed. The judgment and order of conviction and sentence dated 12.03.2026 passed by the learned 6th Additional Sessions Judge, Rajkot, in Criminal Appeal No. 419 of 2024; as well as the judgment and order dated 18.05.2024 passed by the learned 18th Additional Senior Civil Judge and Additional Chief Judicial Magistrate, Rajkot, in Criminal Case No. 6536 of 2018, 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. 11. In view of the ratio laid down in the case of Sanjabij Tari Vs. Kishore S. Borcar and Another [2025 INSC 1158], the applicant is directed to deposit 7.5% of the cheque amount, by way of costs, with the District Legal Services Authority, Rajkot, within a period of two weeks from the date of this order. 12. Rule made absolute. Direct service is permitted. (VIMAL K. VYAS, J) AMAR SINGH Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: AMAR SINGH(HC01081), PRIVATE SECRETARY, at High Court of Gujarat on 09/04/2026 17:50:04