Gujarat High Court
Nikhil Narendrabhai Shah vs State Of Gujarat on 1 December, 2025
NEUTRAL CITATION
R/CR.MA/22084/2025 ORDER DATED: 01/12/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 22084 of 2025
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NIKHIL NARENDRABHAI SHAH
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR. ARBAAZKHAN A PATHAN (9532) for the Applicant(s) No. 1
MR. MOHAMADZAID I SAIYED(8411) for the Applicant(s) No. 1
MS. KRINA CALLA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS
Date : 01/12/2025
ORAL ORDER
1. Learned advocate Ms. Yatri Trivedi appears and submits that she has instructions to appear on behalf of the respondent no.2 - complainant. She is permitted to file her appearance. Registry shall accept her vakalatnama.
2. Learned advocate Ms.Yatri Trivedi appearing for the respondent No.2 has tendered an additional affidavit filed by the respondent No.2. The same is ordered to be taken on record.
3. 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 order dated 21.01.2023 passed by the learned 8th Additional Senior Civil Judge and Chief Judicial Magistrate Court, Gandhinagar, in Criminal Case No.616 of 2021, for the offence punishable under Section 138 of the Page 1 of 5 Uploaded by PIYUSH RAMESHBHAI KANOJIYA(HC01390) on Tue Dec 02 2025 Downloaded on : Tue Dec 02 23:18:44 IST 2025 NEUTRAL CITATION R/CR.MA/22084/2025 ORDER DATED: 01/12/2025 undefined Negotiable Instruments Act, as well as all other consequential proceedings arising pursuant thereto.
4. Today, when the matter is called out, the complainant, who is personally present before this Court, has produced his identity proof as well as the affidavit, which are ordered to be taken on record. In the said affidavit, the complainant has categorically stated that he has received his dues and the dispute has been amicably resolved. The complainant has further stated that he has no grievance or ill-will against the applicant.
5. 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.
6. 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 Ms.Yatri Trivedi waives service of notice of rule for and on behalf of the respondent no.2 - complainant.
7. The complainant, who is present in the Court, has categorically stated before this Court that the dispute has been amicably resolved and he has no objection if the application is allowed and the impugned order is quashed and set-aside.
8. The relevant paragraphs of the additional affidavit of the original complainant reads thus :
Page 2 of 5 Uploaded by PIYUSH RAMESHBHAI KANOJIYA(HC01390) on Tue Dec 02 2025 Downloaded on : Tue Dec 02 23:18:44 IST 2025NEUTRAL CITATION R/CR.MA/22084/2025 ORDER DATED: 01/12/2025 undefined "2. I respectfully say and submit that the dispute between I and Petitioner has been resolved peacefully and amicably as the petitioner herein has returned me the entire cheque amount i.e. 80,000/- (Eighty Thousand Rupees Only) through cash and now there is no surviving grievance. The settlement arrived between us would be binding to me/my legal representative with respect to this Quashing of Order / Judgment of conviction passed in Criminal Case No.616 of 2021 U/s. 138 of The Negotiable Instruments Act, 1881 dated 21.01.2023 vide Exh.22 by the Hon'ble 8 th Addl. Senior Civil Judge and Chief Judicial Magistrate Court, Gandhinagar and the Order / Judgment of Dismissal passed in Conviction Appeal No.43 of 2023 passed by Honourable 4 th Addl.
Sessions Court at Gandhinagar dated 11.02.2025 vide Exh.21. I have settled this matter without any coercion or force from the petitioner / accused person.
3. I respectfully submit that I am the Respondent No.2- original complainant of Criminal Case No.616 of 2021 u/s. 138 of the Negotiable Instruments Act, 1881 wherein the Hon'ble 8th Addl. Senior Civil Judge and Chief Judicial Magistrate Court, Gandhinagar was pleased to pass the judgment and order of conviction for a period of (2) years simple imprisonment and compensation as per Section 357(3) of The Code of Criminal Procedure, 1973 of the Amount of Cheque i.e. Rs.80,000/- (Rupees Eighty Thousand Only) with an interest with an interest of 6% from the date of institution of the impugned complaint and said conviction was passed on 21.01.2023 and petitioner herein assailing the judgment / order of Page 3 of 5 Uploaded by PIYUSH RAMESHBHAI KANOJIYA(HC01390) on Tue Dec 02 2025 Downloaded on : Tue Dec 02 23:18:44 IST 2025 NEUTRAL CITATION R/CR.MA/22084/2025 ORDER DATED: 01/12/2025 undefined conviction dated 21.01.2023 the petitioner has approached before the Honourable 4 th Addl. Sessions Court at Gandhingar by way of preferring a Criminal Appeal No.43 of 2023 wherein I am Respondent No.1 in said Criminal Appeal which was dismissed by the Honourable Sessions Court concerned has pleased to dismissed the said Appeal without going into the merits of the matter due to non-presence of petitioner during course of the hearing of appeal vide its judgment and order dated 11/02/2025.".
9. Thus, it appears from the aforesaid that to continue further with the proceedings pursuant to the impugned order would be a futile exercise and the same would amount to abuse of process of law.
10. Having heard learned counsel appearing for the respective parties, as well as considering the facts and circumstances arising out of the present application and also taking into consideration the decisions rendered in the cases of Gian Singh Vs. State of Punjab & Anr., 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 & Anr., reported in 2009 (1) GLH 31, Manoj Sharma Vs. State & Ors., reported in 2009 (1) GLH 190 and Narinder Singh & Ors. Vs. State of Punjab & Anr. 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 criminal proceedings in relation to the impugned FIR against the applicants-accused would be an unnecessary harassment to the applicant-accused. It further Page 4 of 5 Uploaded by PIYUSH RAMESHBHAI KANOJIYA(HC01390) on Tue Dec 02 2025 Downloaded on : Tue Dec 02 23:18:44 IST 2025 NEUTRAL CITATION R/CR.MA/22084/2025 ORDER DATED: 01/12/2025 undefined appears that the trial would be a futile exercise and further continuing with the proceedings pursuant to the impugned FIR would amount to abuse of process of law. Hence, to secure the ends of justice, the impugned FIR and said criminal case and all other consequential proceedings are required to be quashed and set aside in exercise of the powers conferred under Section 482 of the Code of Criminal Procedure.
11. In the result, the application is allowed. The order dated 21.01.2023 passed by the learned 8th Additional Senior Civil Judge and Chief Judicial Magistrate Court, Gandhinagar, in Criminal Case No.616 of 2021, for the offences 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.
12. Rule made absolute. Direct service is permitted.
13. In view of the ratio laid down by the Supreme Court in the case of Sanjabij Tari Vs. Kishore S. Borcar [2025 INSC 1158], the applicant is directed to deposit 7.5 % of the cheque amount, by way of costs, with the District Legal Service Authority, Gandhinagar, within a period of 2 weeks from the date of this order.
(VIMAL K. VYAS, J) prk Page 5 of 5 Uploaded by PIYUSH RAMESHBHAI KANOJIYA(HC01390) on Tue Dec 02 2025 Downloaded on : Tue Dec 02 23:18:44 IST 2025