Gujarat High Court
Jay Goga Industries Agro Industriess vs Vijaykumar Natwarlal Ganatra, Manglam ... on 17 July, 2025
NEUTRAL CITATION
R/SCR.A/9859/2025 ORDER DATED: 17/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (FOR CONSENT QUASHING) NO.
9859 of 2025
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JAY GOGA INDUSTRIES AGRO INDUSTRIESS & ORS.
Versus
VIJAYKUMAR NATWARLAL GANATRA, MANGLAM COTTON INDUSTRIES
& ANR.
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Appearance:
MR KALPESH M PANDIT(2713) for the Applicant(s) No. 1,2,3
MR TIRTHRAJ PANDYA, APP for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 17/07/2025
ORAL ORDER
[1.0] Learned advocate Mr. J.A. Jambukiya states that he has instructions to appear on behalf of the original complainant and seeks permission to file his Vakalatnama, which is granted. Heard learned advocates for the respective parties.
[2.0] RULE. Learned advocates waive service of note of rule on behalf of the respective respondents.
[3.0] 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.
[4.0] By way of this petition under Articles 226 and 227 of the Constitution of India read with Section 528 of the BNSS, the petitioners have prayed to quash and set aside the judgment and Page 1 of 3 Uploaded by MR. AJAY C MENON(HC00939) on Thu Jul 17 2025 Downloaded on : Thu Jul 17 22:18:56 IST 2025 NEUTRAL CITATION R/SCR.A/9859/2025 ORDER DATED: 17/07/2025 undefined order of conviction dated 03.04.2025 passed in Criminal Case No.242/2018 by the learned Additional Judicial Magistrate, Visnagar for the offences 138 of the Negotiable Instruments Act, 1881 and to quash all other consequential proceedings arising therefrom.
[5.0] 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 dated 03.07.2025 at Annexure-B to the petition. In the Affidavit, the original complainant has categorically stated that the dispute with the petitioners 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.
[6.0] Having heard learned advocates on both the sides and considering the fact that the offence is compoundable under Section 138 of the of the Negotiable Instruments Act and considering the circumstances of the case and as the case is compoundable under Section 147 of the NI Act and keeping in mind the principle laid down by the Apex Court in the cases of Damodar S. Prabhu v. Syed Babalal H. reported in (2010) 5 SCC 663, and considering the fact that settlement amount of Rs.6,64,659/- has been paid by the petitioners and now remains no amount due and payable to the complainant, in the opinion of this Court, the further continuation of criminal proceedings against the petitioner in relation to the impugned complaint Page 2 of 3 Uploaded by MR. AJAY C MENON(HC00939) on Thu Jul 17 2025 Downloaded on : Thu Jul 17 22:18:56 IST 2025 NEUTRAL CITATION R/SCR.A/9859/2025 ORDER DATED: 17/07/2025 undefined would cause unnecessary harassment to the petitioners. Further, the continuance of trial pursuant to the mutual settlement arrived at between the parties and to secure the ends of justice, it would be appropriate to quash and set aside the impugned order of conviction and all consequential proceedings initiated in pursuance thereof under Section 528 of the BNSS.
[7.0] In the result, the petition is allowed on condition that the petitioner shall have to deposit 15% of the cheque amount before the State Legal Services Authority. The impugned judgment and order of conviction dated 03.04.2025 passed by the learned Additional Judicial Magistrate, First Class, Visnagar in Criminal Case No.242/2018 qua present petitioners is quashed and set aside alongwith all the consequential proceedings thereto. If the petitioners are in jail, they shall be released forthwith if not required in connection with any other case. Rule is made absolute to the aforesaid extent only. Direct service is permitted.
(HASMUKH D. SUTHAR, J.) Ajay Page 3 of 3 Uploaded by MR. AJAY C MENON(HC00939) on Thu Jul 17 2025 Downloaded on : Thu Jul 17 22:18:56 IST 2025