R/CR.MA/6943/2026 ORDER DATED: 17/04/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 6943 of 2026 ========================================================== THAKOR PRAKASHJI @ LALIYO BABUJI Versus STATE OF GUJARAT ========================================================== Appearance: MR KAVAN K PATEL(11303) for the Applicant(s) No. 1 MR. TIRTHRAJ PANDYA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS Date : 17/04/2026 ORAL ORDER 1. Learned advocate Mr. P.H. Gadhvi 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 12.09.2024 passed by the learned 7th Additional Judicial Magistrate First Class, Mahesana, in Criminal Case No. 7741 of 2021, for the 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 - R/CR.MA/6943/2026 ORDER DATED: 17/04/2026 Somabhai Joitaram Patel, the Partner and Administrator of Shri Janvi Cement Trading Company, is personally present before this Court. The complainant has also filed an affidavit, which is annexed as Annexure ‘C’ to the application. In the said affidavit, the complainant has categorically stated that he has no grievance against the applicant as he has received his dues. 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 Mr. Tirthraj Pandya waives service of notice of rule for and on behalf of the respondent no.1 – State and learned advocate Mr. P.H. Gadhvi Khamar waives service of notice of rule for and on behalf of the respondent no.2 – complainant. 6. The complainant - Somabhai Joitaram Patel, the Partner and Administrator of Shri Janvi Cement Trading Company, who is personally present in the Court, 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 R/CR.MA/6943/2026 ORDER DATED: 17/04/2026 sentence dated 12.09.2024 passed by the learned 7th Additional Judicial Magistrate First Class, Mahesana, in Criminal Case No. 7741 of 2021, is quashed and set-aside. 7. Thus, it appears from the aforesaid that to continue further with the proceedings pursuant to the impugned judgment and order of conviction and sentence 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 – Somabhai Joitaram Patel, the Partner and Administrator of Shri Janvi Cement Trading Company, read thus: “6. I say and submit that subsequent to the above event petitioner approached me and told me to settle the entire issue by stating that he will pay entire amount of cheque ile Rs. 40,000/- to me. The amount of cheque ice Rs. 40,000/-was received by me in cash and after receiving the said amount I being original complainant affirmed one settlement agreement with the present applicant wherein I have specifically accepted the said cheque amount of Rs. 40,000/- Was paid to me by the present petitioner by executing a notarized agreement on 10.03.2026 (Annexed at -Annexure B). It is further submitted that in view of the above complainant herein, Res no. 2 has no objection if the impugned Judgment and order dated 12.09.2024 passed by the learned 7th Additional Judicial Magistrate First Class, Mehsana in Criminal Case No. 7741 of 2021 is quashed and set aside by this Hon'ble court by recording his consent. 7. I say and submit that the aforementioned Complaint was lodged by me in heat of the moment However now due to amicable settlement entered between the petitioner and I being respondent no. 2 the grievance between parties has been resolved. Therefore, I do not intend to pursue the aforementioned impugned judgment/order against the present petitioner. Hence if this Hon'ble court deems fit to quash the impugned order/judgment then I being original complainant is R/CR.MA/6943/2026 ORDER DATED: 17/04/2026 not having any objection to it and by way of the present affidavit I give my consent to quash the said Judgment and order dated 12.09.2024 passed by the learned 7th Additional Judicial Magistrate First Class, Mehsana in Criminal Case No. 7741 of 2021. 8. I further say and submit that I being original complainant and the present applicant being original accused has paid entire cheque amount of Rs 40.000/- to me and we have also entered into settlement agreement and I state that no one has forced me to enter into such settlement with the present applicant (Orig Accused) and I am filing this present affidavit with voluntarily with my free wish. 9. On the above facts and circumstances, I say and submit that I have entered into a compromise with the petitioner and I have received entire amount of cheque amount i.e. Rs 40,000/-. Hence I don't have any objection to Judgment and order dated 12.09.2024 passed by the learned 7th Additional Judicial Magistrate First Class, Mehsana in Criminal Case No. 7741 of 2021 is quashed and set-aside by this Hon'ble Court by recording my consent for the same. Further, I don't have any objection to quashing consequential proceedings and issuance of Non Bailable warrant or arrest warrant if any after passing of the said order is also quashed by this Hon'ble court by recording my consent.” 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 R/CR.MA/6943/2026 ORDER DATED: 17/04/2026 of Haryana vs. Bhajanlal, reported in AIR 1992 SC 604, it appears that continuing further with the proceedings pursuant to the impugned judgment and order 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 judgment and order 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. 10. In the result, the application is allowed. The judgment and order of conviction and sentence dated 12.09.2024 passed by the learned 7th Additional Judicial Magistrate First Class, Mahesana, in Criminal Case No. 7741 of 2021, 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, Mahesana, 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 17/04/2026 18:22:27