[Cites 5, Cited by 0]
Gujarat High Court
Mehulsinh Mahendrasinh Chauhan vs State Of Gujarat on 1 December, 2025
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R/CR.MA/21796/2025 ORDER DATED: 01/12/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO.
21796 of 2025
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MEHULSINH MAHENDRASINH CHAUHAN
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR KRISHNARAJSINH D CHAUHAN(10648) for the Applicant(s) No. 1
MR SURAJ B MATIEDA(10499) for the Applicant(s) No. 1
MS. KRINA P. 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. Pooja Brahmbhatt appears and
submits that learned advocate Mr. Harsh Soni has instructions
to appear on behalf of the respondent no.2 - complainant. Mr.
Soni 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 29.07.2024 passed by the learned 4th Additional Senior
Civil Judge and Additional Chief Judicial Magistrate, Ahmedabad
(Rural), Navrangpura, in Criminal Case No. 15535 of 2019, for
NEUTRAL CITATION
R/CR.MA/21796/2025 ORDER DATED: 01/12/2025
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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 authorized
officer of the respondent No.2 - original complainant, is
personally present before this Court and has produced his
identity proof as well as submitted an affidavit, which are
ordered to be taken on record. In the said affidavit, the
authorized officer of the company has categorically stated that
he has no grievance against the applicant as the company has
already received its dues, and the dispute has been amicably
resolved, therefore, 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. Harsh Soni
waives service of notice of rule for and on behalf of the
respondent no.2 - complainant.
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6. The authorized officer of the company - original
complainant, 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 judgment and order of
conviction and sentence dated 29.07.2024 passed by the learned
4th Additional Senior Civil Judge and Additional Chief Judicial
Magistrate, Ahmedabad (Rural), Navrangpura, in Criminal Case
No. 15535 of 2019, 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 read thus :
"3. I state that I have no grievance against the present Applicant,
and we have amicably resolved out disputes and have received
our dues and an No Objection Certificate has also been issued by
the complainant - company and thus, I have no grievance against
the applicant now and therefore, I have no objection if the
judgment and order dated 29.07.2024 passed by the learned 4 th
Additional Senior Civil Judge and Additional Chief Judicial
Magistrate, Ahmedabad (Rural), Navrangpura, in Criminal Case
No.15535 of 2019, is quashed and set-aside.
4. I further say that I have resolved the dispute with Applicant,
and I have no ill-will or grievance against the applicant now and
therefore, I have no objection if the present application is
allowed."
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
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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 order of conviction and sentence 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
conviction and sentence and 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 29.07.2024 passed by
the learned 4th Additional Senior Civil Judge and Additional
Chief Judicial Magistrate, Ahmedabad (Rural), Navrangpura, in
Criminal Case No. 15535 of 2019, 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 judgment in the case
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of Sanjabij Tari Vs. Kishore S. Borcar and Another [2025
INSC 1158], the applicant/s is directed to deposit 7.5% of the
cheque amount, by way of costs, with the District Legal Service
Authority, Ahmedabad, 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
