[Cites 1, Cited by 0]
Gujarat High Court
Jayeshbhai Dhirubhai Meghani vs State Of Gujarat on 15 January, 2026
NEUTRAL CITATION
R/SCR.A/17485/2025 ORDER DATED: 15/01/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (FOR CONSENT QUASHING) NO.
17485 of 2025
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JAYESHBHAI DHIRUBHAI MEGHANI & ANR.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR.SHATRUGHN S SONI(17589) for the Applicant(s) No. 1,2
MR UTKARSH SHARMA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 15/01/2026
ORAL ORDER
1. Present application is preferred by the Petitioner under Section 528
of BNSS, seeking quashing of Judgment and order being Criminal Case
No. 5191 of 2017 passed by 4th Additional Chief Judicial Magistrate,
Rajkot and Criminal Appeal No. 239 of 2018 passed by Additonal
Session Judge, Rajkot. for the offences punishable under Sections 138 of
the Negotiable Instrument Act.
2. Heard learned Advocate for the Applicant and learned APP for the
Respondent - State.
3. Rule. Learned APP waives service of notice for and on behalf of
the respondent - State.
4. Learned Advocate for the Petitioner has submitted that the matter
has been amicably settled between the parties and they are now not
willing to proceed with the complaint any further.
NEUTRAL CITATION
R/SCR.A/17485/2025 ORDER DATED: 15/01/2026
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5. Learned Advocate Mr. Hirenkumar M. Niyalchandani shall file his
appearance before the Registry.
6. Learned Advocate Mr. Hirenkumar M. Niyalchandani appearing on
behalf of Respondent No. 2 (Original Complainant), has placed on record duly
sworn in Affidavit dated 10.12.2025. The same is ordered to be taken on
record. Learned Advocate has submitted that matter has been amicably settled
between the parties and there is no objection if present application is allowed.
The affidavit reads thus:
2." I further state on oath and submit that now all the due
amount has been paid by the petitioner herein and there is no out
standing amount remaining from the present petitioner, the dispute
between the present petitioner and complainant herein is sorted out and
resolved and that is how the matter is now amicably settled between the
parties, now there is no heart-burning / dispute whatsoever in the said
regard, the undersigned has no objection if this Hon'ble Court exercises
discretion in favour of the present petitioner and quash and setaside the
order and judgement being CC no 5191 of 2017 pass by 4th additional
chief judicial magistrate, Rajkot as well as as well as order dated
28.08.2019 passed in criminal appeal no 239 of 2018 passed by
additional session judge, Rajkot."
7. Considering averments made in the Affidavit as also the
submissions made by the learned Advocates for the respective parties, the
present Application deserves to be allowed and is hereby allowed. The
Judgment and order being Criminal Case No. 5191 of 2017 passed by 4th
Additional Chief Judicial Magistrate, Rajkot and Criminal Appeal No.
239 of 2018 passed by Additonal Session Judge, Rajkot. is hereby
quashed and set aside.
Rule is made absolute.
(M. R. MENGDEY,J)
SAKSHI MAURYA
