[Cites 5, Cited by 0]
Gujarat High Court
Chauhan Gosikbhai Jayendrabhai vs State Of Gujarat on 20 May, 2026
NEUTRAL CITATION
R/CR.RA/1492/2026 ORDER DATED: 20/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 1492 of 2026
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CHAUHAN GOSIKBHAI JAYENDRABHAI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR JIGAR B OZA(11654) for the Applicant(s) No. 1
DS AFF.NOT FILED (N) for the Respondent(s) No. 2
MR. ROHAN RAVAL, ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS
Date : 20/05/2026
ORAL ORDER
1. Learned advocate Sameer M. Mansuri 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 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 18.04.2023 passed by the learned 8 th Additional
Senior Civil Judge and A.C.J.M., Nadiad, in Criminal Case
No.1339 of 2020, as well as the judgment and order dated
04.05.2026 passed by the learned 6 th Additional Sessions
Judge, Nadiad, Kheda, in Criminal Appeal No. 158 of 2023, for
the offence punishable under Section 138 of the Negotiable
Instruments Act, so also all other consequential proceedings
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R/CR.RA/1492/2026 ORDER DATED: 20/05/2026
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arising pursuant thereto.
3. Initially the present application was filed on merits.
However, during the pendency of the proceedings, the dispute
has been settled between the parties.
4. Today, when the matter is called out, the complainant,
who is personally present before this Court, has produced his
identity proof as well as the affidavit, which are ordered to be
taken on record. In the said affidavit, the complainant has
categorically stated that he has received his dues of Rs.
1,22,500/- and the dispute has been amicably resolved with
the applicant. The complainant has further stated that he has
no grievance or ill-will against the applicant.
5. Considering the issue involved in the present application
as well as considering the fact that the dispute has been
amicably resolved with the applicant, with the consent of
learned advocates appearing for the respective parties, the
present application is taken up for final disposal.
6. RULE returnable forthwith. Learned APP Mr. Rohan Raval
waives service of notice of rule for and on behalf of the
respondent no.1 - State and learned advocate Mr. Sameer
Mansuri waives service of notice of rule for and on behalf of
the respondent no.2 - complainant.
7. The complainant, who is personally present before this
Court, has categorically stated that the dispute has been
NEUTRAL CITATION
R/CR.RA/1492/2026 ORDER DATED: 20/05/2026
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amicably resolved with the applicant and he has no objection if
the application is allowed and the impugned judgment and
order is quashed and set-aside.
8. The relevant paragraphs of the affidavit filed by the
complainant - Mohammed Imran Salimbhai Memon, read thus :
"2. I say that, I and the petitioner have entered into settlement as the
dispute has been amicably resolved with the petitioner voluntarily with the
intervention family members and community members.
3. I further state and submit and say that I and petitioner have entered into
settlement as the dispute has been amicably resolved with the petitioner
and I have received the said amount from the present petitioner
4. I say that the petitioner has Cheque amount of Rs 1,22,500/- received
to me and now I do not have any objection if the petitioner is released on
bail and the said matter is settled
5. I say that the matter is now settled between me and the petitioner and
that I do not have any grievances against the present petitioner.
6. I say that therefore, in view of the aforesaid fact and circumstances, I
do not have any objection if the said proceedings are quashed and set
aside.
7. I say that the present affidavit is sworn by me with my free will and
through mutually settled agreement, wish without any threat, force,
coercion and influence of anyone and will abide by the same. "
9. Thus, it appears from the aforesaid that to continue
further with the proceedings pursuant to the impugned
judgment and order would be a futile exercise and the same
would amount to abuse of process of law.
10. 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
into consideration the decisions rendered in the cases of Gian
NEUTRAL CITATION
R/CR.RA/1492/2026 ORDER DATED: 20/05/2026
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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
criminal proceedings pursuant to the impugned judgment and
order 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 judgment and order as well as all other
consequential proceedings arising pursuant thereto are
required to be quashed and set-aside in exercise of the powers
conferred under Section 528 of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
11. In the result, the application is allowed. The judgment
and order dated 18.04.2023 passed by the learned 8 th
Additional Senior Civil Judge and A.C.J.M., Nadiad, in Criminal
Case No.1339 of 2020, as well as the judgment and order
dated 04.05.2026 passed by the learned 6 th Additional
Sessions Judge, Nadiad, Kheda, in Criminal Appeal No. 158 of
2023, for the offence punishable under Section 138 of the
Negotiable Instruments Act, so also all other consequential
proceedings arising pursuant thereto are hereby ordered to be
quashed and set-aside qua the present applicant.
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12. 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 District Legal Service
Authority, Kheda, within a period of 2 weeks from the date of
this order.
13. It is submitted by the learned advocate for the applicant
that the applicant is in judicial custody.
14. Therefore, considering the fact that the matter has been
settled and the complaint has been quashed, the authorities
shall release the applicant forthwith, if not required in any
other case.
15. In view of the above, 20% of the cheque amount which
was deposited by the present applicant before the trial Court
shall be disbursed in favour of the applicant.
16. Rule made absolute. Direct service is permitted.
(VIMAL K. VYAS, J)
YASH ARORA
