Rajeshbhai Meghajibhai Devaliya vs State Of Gujarat
2026 Latest Caselaw 21 Guj

Gujarat High Court

Rajeshbhai Meghajibhai Devaliya vs State Of Gujarat on 15 January, 2026

                                                                                                           NEUTRAL CITATION




                             R/SCR.A/510/2026                               ORDER DATED: 15/01/2026

                                                                                                           undefined




                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/SPECIAL CRIMINAL APPLICATION (FOR CONSENT QUASHING) NO.
                                                510 of 2026

                       ==========================================================
                                                RAJESHBHAI MEGHAJIBHAI DEVALIYA
                                                             Versus
                                                    STATE OF GUJARAT & ANR.
                       ==========================================================
                       Appearance:
                       MR MOHAMMED K VOHRA(10709) for the Applicant(s) No. 1
                       MR UTKARSH SHARMA, APP for the Respondent(s) No. 1
                       ==========================================================

                            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, 2023, seeking quashing of Judgment and order dated 10.03.2021 passed in the Criminal Case No. 1587 of 2010 by the learned Addl. Judicial Magistrate First Class, Surat and Order and Judgment dated 10.12.2025 in Criminal Appeal No. 108 of 2021 passed by Learned Sessions Judge, Surat for the offences punishable under Sections 138 of the Negotiable Instruments 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/510/2026 ORDER DATED: 15/01/2026

undefined

5. Learned Advocate Mr. Priyank Pandya appearing on behalf of Respondent No. 2 (Original Complainant), has placed on record duly sworn in Affidavit dated 22.12.2025. 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:

4." I say and submit that in view of the settlement arrived at between the present deponent - ori complainant and applicant - ori.

accused i.e. Rajeshbhai meghajibhai Devaliya, it is submitted that I have no objection if the order and judgment dated 10.03.2021 in criminal case no. 1587 of 2010 passed by Ld. Addl. Judicial magistrate, Surat convicting the applicant - ori accused and Order and Judgment dated 10.12.2025 in criminal appeal no. 108 of 2021 passed by Ld. Sessions Judge, Surat confirming the conviction of the applicant - ori accused i.e. Rajeshbhai Meghajibhai Devaliya is quashed and set aside."

6. 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 dated 10.03.2021 passed in the Criminal Case No. 1587 of 2010 by the learned Addl. Judicial Magistrate First Class, Surat and Order and Judgment dated 10.12.2025 in Criminal Appeal No. 108 of 2021 passed by Learned Sessions Judge, Surat is hereby quashed and set aside.

7. The amount deposited by the petitioner before the Appellate Court shall be refunded to him after due verification.

Rule is made absolute.

(M. R. MENGDEY,J) SAKSHI MAURYA