Gujarat High Court
Jahangirkhan Sulemanbhai Baloch vs State Of Gujarat on 18 July, 2025
NEUTRAL CITATION
R/SCR.A/7077/2025 ORDER DATED: 18/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (FOR CONSENT QUASHING) NO.
7077 of 2025
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JAHANGIRKHAN SULEMANBHAI BALOCH
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR M R SAIYED(3362) for the Applicant(s) No. 1
MS SHRUTI PATHAK, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 18/07/2025
ORAL ORDER
1. Learned advocate Mr. Manish J. Patel with Ms. Namrata R. Mulchandani state that they have instructions to appear on behalf of the original complainant and thereby, seeks permission to file their Vakalatnama, which is granted. Heard learned advocates for the respective parties.
2. RULE. Learned advocates waive service of notice of rule on behalf of the respective respondents.
3. Considering the facts and circumstances of the case and since it is jointly stated at the Bar by learned advocates on both the sides that the dispute between the parties has been resolved amicably, this matter is taken up for final disposal forthwith.
4. By way of this application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), the applicant has prayed to quash and set aside the judgment dated 16.04.2025 passed by learned 8th Additional Judicial Magistrate First Class Mahesana in Criminal Case No.5523 of 2022 as well as Page 1 of 5 Uploaded by ALI ISTAYAK(HC01093) on Mon Jul 21 2025 Downloaded on : Mon Jul 21 21:43:48 IST 2025 NEUTRAL CITATION R/SCR.A/7077/2025 ORDER DATED: 18/07/2025 undefined all the consequential proceedings arising therefrom.
5. Learned advocate for the applicants submits that the applicants have nothing to do with the offence and they are falsely implicated in the offence. However, the matter has been amicably settled between the parties, and they have no objection if the complaint is quashed. Therefore, the application may be allowed.
6. Learned advocates for the respective parties submitted that during the pendency of proceedings, the parties have settled the dispute amicably and pursuant to such mutual settlement, the original complainant has also filed an Affidavit, which is taken / placed on record. In the Affidavit, the original complainant have categorically stated that the dispute with the applicant has been resolved amicably and that he has no objection, if the present proceedings are quashed and set aside since there is no surviving grievance between them.
7. Having heard the learned advocates on both sides and considering the documents on record, it appears that On 03/04/2013, the petitioner obtained a loan of Rs. 2,50,000/- from respondent No. 2 finance company on a Maruti Swift VDI Car (Reg. No. GJ-08-F-7050), under Loan No. 304020002. In pursuance of the said loan, the petitioner issued a cheque of Rs. 2,50,000/- (Cheque No. 856541 drawn on Axis Bank, Mehsana Branch) in favour of the complainant. The cheque, when presented for encashment, was dishonoured on 04/06/2022 due to "insufficient funds". Thereafter, a private complaint was Page 2 of 5 Uploaded by ALI ISTAYAK(HC01093) on Mon Jul 21 2025 Downloaded on : Mon Jul 21 21:43:48 IST 2025 NEUTRAL CITATION R/SCR.A/7077/2025 ORDER DATED: 18/07/2025 undefined registered as Criminal Case No. 5523 of 2022 before the Ld. Addl. Judicial Magistrate First Class, Mehsana, for the offence under Section 138 of the Negotiable Instruments Act, 1881. By judgment dated 28/02/2024, the Ld. Judicial Magistrate convicted the petitioner and sentenced him to one year simple imprisonment and directed payment of Rs. 2,50,000/- with 9% interest as compensation under Section 357 CrPC. Aggrieved, the petitioner filed Criminal Appeal No. 177 of 2024 before the Ld. Principal District and Sessions Judge, Mehsana, which was allowed on 21/08/2024, and the matter was remanded to the trial court with a direction to deposit 50% of the cheque amount. The petitioner deposited Rs. 1,25,000/- before the District and Sessions Court. After remand and completion of the retrial, the petitioner was again convicted by order dated 16/04/2025. However, the matter has now been amicably settled between the parties, and the petitioner has agreed to pay the entire cheque amount to the complainant. In this regard, the authorized officer of the bank-complainant has filed an affidavit stating that the matter has been settled and that the bank has received the agreed settlement amount. As the matter has now been amicably settled between the parties, no fruitful purpose would be served by proceeding further with the matter.
8. In view of the principle laid down by the Apex Court in the cases of (i) Gian Singh Vs. State of Punjab & Anr., reported in (2012) 10 SCC 303, (ii) Madan Mohan Abbot Vs. State of Punjab, reported in (2008) 4 SCC 582, (iii) Nikhil Merchant Vs. Central Bureau of Investigation & Anr., reported in 2009 (1) GLH 31, (iv) Manoj Sharma Vs. State & Ors., reported in Page 3 of 5 Uploaded by ALI ISTAYAK(HC01093) on Mon Jul 21 2025 Downloaded on : Mon Jul 21 21:43:48 IST 2025 NEUTRAL CITATION R/SCR.A/7077/2025 ORDER DATED: 18/07/2025 undefined 2009 (1) GLH 190 and (v) Narinder Singh & Ors. Vs. State of Punjab & Anr. reported in 2014 (2) Crime 67 (SC), in the opinion of this Court, the further continuation of criminal proceedings against the applicant/s in relation to the impugned FIR would cause unnecessary harassment to the applicant/s. Further, the continuance of trial pursuant to the mutual settlement arrived at between the parties would be a futile exercise. Hence, to secure the ends of justice, it would be appropriate to quash and set aside the impugned FIR and all consequential proceedings initiated in pursuance thereof under Section 482 of the Cr.P.C./528 of BNSS.
9. In the aforesaid backdrop, complaint is filed. It is necessary to consider whether the power conferred by the High Court under section 528 of BNSS/482 of the Code of Criminal Procedure is warranted. It is true that the powers under Section 528 of BNSS/482 Cr.P.C are very wide and the very plenitude of the power requires great caution in its exercise. The Court must be careful to see that its decision in exercise of this power is based on sound principles. The inherent power should not be exercised to stifle a legitimate prosecution. The High Court being the highest court of a State should normally refrain from giving a prima facie decision in a case where the entire facts are incomplete and hazy, more so when the evidence has not been collected and produced before the Court and the issues involved, whether factual or legal, are of magnitude and cannot be seen in their true perspective without sufficient material. Of course, no hard-and-fast rule can be laid down in regard to cases in which the High Court will exercise its extraordinary jurisdiction of Page 4 of 5 Uploaded by ALI ISTAYAK(HC01093) on Mon Jul 21 2025 Downloaded on : Mon Jul 21 21:43:48 IST 2025 NEUTRAL CITATION R/SCR.A/7077/2025 ORDER DATED: 18/07/2025 undefined quashing the proceeding at any stage as the Hon'ble Supreme Court has decided in the case of Central Bureau of Investigation vs. Ravi Shankar Srivastava, IAS & Anr., reported in AIR 2006 SC 2872.
10. In the result, the application is allowed. The impugned judgment and order dated 16.04.2025 passed by learned 8 th Additional Judicial Magistrate First Class Mahesana in Criminal Case No.5523 of 2022, as well as all consequential proceedings initiated pursuant thereto, are hereby quashed and set aside, subject to the petitioner depositing 15% of the cheque amount before the Gujarat State Legal Services Authority i.e. Rs.37,500/- (Thirty Seven Thousand Five Hundred Rupees Only). Rule is made absolute to the aforesaid extent. Direct service is permitted. If the applicant is in jail, the jail authority concerned is directed to release the applicant forthwith, if not required in connection with any other case.
(HASMUKH D. SUTHAR,J) ALI Page 5 of 5 Uploaded by ALI ISTAYAK(HC01093) on Mon Jul 21 2025 Downloaded on : Mon Jul 21 21:43:48 IST 2025