[Cites 5, Cited by 0]
Gujarat High Court
Vishnubhai Maljibhai Desai vs State Of Gujarat on 25 March, 2026
NEUTRAL CITATION
R/CR.MA/22690/2025 ORDER DATED: 25/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO.
22690 of 2025
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VISHNUBHAI MALJIBHAI DESAI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MS NAVYA PANWAR, LD.ADVOCATE FOR MR JUCKY LUCKY
CHAN(8033) for the Applicant(s) No. 1
MS KRINA CALLA, LD.ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS
Date : 25/03/2026
ORAL ORDER
1. Learned advocate Mr.Rakesh M. Solanki appears and
submits that he has instructions to appear on behalf of the
respondent No.2 - complainant. He is permitted to file his
appearance. Registry shall accept his vakalatnama.
2. By way of filing the present application under Section
528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the
applicant-accused has prayed to quash and set-aside the
judgement and order dated 24.12.2024 passed by the
learned Chief Judicial Magistrate, Gandhinagar, in Criminal
Case No.1911 of 2023, for the offence punishable under
Section 138 of the Negotiable Instruments Act, 1881, as well
as all other consequential proceedings arising pursuant
thereto.
NEUTRAL CITATION
R/CR.MA/22690/2025 ORDER DATED: 25/03/2026
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3. Today, when the matter is called out, the complainant,
who is personally present before this Court, has produced
his identity proof as well as affidavit, which are ordered to
be taken on record. In the affidavit, the complainant has
categorically stated that with the intervention of the friends,
family members and community people, the dispute has
been amicably resolved and 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.Rakesh M.
Solanki waives service of notice of rule for and on behalf of
the respondent no.2 - complainant.
6. The complainant, who is present in the Court, has
categorically stated before this Court that he has no
objection if the application is allowed and the impugned
judgement and order is quashed and set-aside. Thus, it
appears from the aforesaid that to continue further with the
NEUTRAL CITATION
R/CR.MA/22690/2025 ORDER DATED: 25/03/2026
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proceedings pursuant to the impugned judgment and order
would be nothing but a futile exercise and the same would
amount to abuse of process of law.
7. The relevant paragraphs of the affidavit filed by the
complainant, read thus :
"1. I state and submits that I am the complainant
who has filed an application under section 138 of
Negotiable Instrument Act being Criminal Case No.
1911 of 2023 before Learned Chief Judicial
Magistrate, Gandhinagar and thereafter Learned
Chief Judicial Magistrate, Gandhinagar by order
dated: 24/12/2024 was pleased to convict the
petitioner under section 138 of Negotiable Instrument
Act and sentenced the petitioner for imprisonment of
1 year and directed the petitioner pay Rs.
11,60,000/- (Eleven Lacs Sixty Thousand Rupees
Only) fine and from that the Hon'ble Court has
passed an order to give Rs. 11,50,000/- (Eleven Lacs
Fifty Thousand Rupees Only) to me. For which
present petitioner have filed an application for
quashing of the F.I.R or Order and subsequent
proceedings before this Hon'ble Court.
2. I state and submits that after the intervention of
family members and elder people of the society the
matter between the petitioners and me is settle
amicably and the petitioner has paid me the due
amount i.e. cheque amount i.e. Rs. 10,10,000/- (Ten
Lacs Ten Thousand Rupees Only) and hence now
there is no ill-will among each other and therefore I
do not wish to proceed further with the case and
NEUTRAL CITATION
R/CR.MA/22690/2025 ORDER DATED: 25/03/2026
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therefore I earnestly urge this Hon'ble 'Court that if
this Hon'ble Court may quash the order then I have
no objections.
3. I have gone through a copy of the petition and I
solemnly affirm that what is stated in Para No. 1 to
Para No. 2 are true to my own knowledge to the best
of my information and belief and I believe the same to
be true."
8. Having heard learned counsel appearing for the
respective parties, as well as considering the facts and
circumstances arising out of the present application and
also taking into consideration the decisions rendered in the
cases of Gian Singh Vs. State of Punjab & Anr., 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 & Anr., reported in
2009 (1) GLH 31, Manoj Sharma Vs. State & Ors.,
reported in 2009 (1) GLH 190 and Narinder Singh & Ors.
Vs. State of Punjab & Anr. reported in 2014 (2) Crime 67
(SC) and State of Haryana Vs. Bhajanlal reported in AIR
1992 SC 604, it appears that continuing further with the
criminal proceedings pursuant to the impugned judgement
and order against the applicant-accused would be an
unnecessary harassment to the applicant-accused. It
further appears that the same would be a futile exercise and
would amount to abuse of process of law. Hence, to secure
the ends of justice, the impugned judgement and order as
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R/CR.MA/22690/2025 ORDER DATED: 25/03/2026
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well as all other consequential proceedings are required to
be quashed and set aside in exercise of the powers conferred
under Section 528 of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
9. In the result, the application is allowed. The judgement
and order dated 24.12.2024 passed by the learned Chief
Judicial Magistrate, Gandhinagar, in Criminal Case
No.1911 of 2023, for the offence punishable under Section
138 of the Negotiable Instruments Act, 1881, as well as all
other consequential proceedings arising pursuant thereto,
are hereby ordered to be quashed and set-aside.
10. Rule made absolute. Direct service is permitted.
11. In view of the ratio laid down by the Supreme Court in
the case of Sanjabij Tari Vs. Kishore S. Borcar [2025
INSC 1158], the applicant is directed to deposit 7.5 % of
the cheque amount, by way of costs, with the concerned
District Legal Service Authority, within a period of 2 weeks
from the date of this order.
(VIMAL K. VYAS, J)
DIPTI PATEL
