BHADRESH BHARATBHAI DALVADIversusSTATE OF GUJARAT

      R/CR.MA/8811/2026                              ORDER DATED: 17/04/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 8811
                           of 2026

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                          BHADRESH BHARATBHAI DALWADI
                                      Versus
                             STATE OF GUJARAT & ANR.
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Appearance:
MR M.NISAR VAIDHYA(3386) for the Applicant(s) No. 1
MR. MAAZ SHAIKH, ADVOCATE FOR MR MOHDDANISH M
BAREJIA(10612) for the Applicant(s) No. 1
MR. TIRTHRAJ PANDYA, APP for the Respondent(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS

                                 Date : 17/04/2026

                                  ORAL ORDER


1.      Learned advocate Mr. Utsav H. Khamar 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 16.01.2026 passed by the learned 32 nd Additional Chief
Judicial Magistrate, Court No.46, Ahmedabad City, in Criminal
Case No. 90313 of 2022, for the offence punishable under
Section 138 of the Negotiable Instruments Act, as well as all

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     R/CR.MA/8811/2026                             ORDER DATED: 17/04/2026




other consequential proceedings arising pursuant thereto.

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 submitted an affidavit, which are
ordered to be taken on record.              In the said affidavit, the
complainant has categorically stated that he has no grievance
against the applicant as he has received his dues.                  He has
further submitted that the dispute has been amicably resolved
with the applicant 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 Mr. Tirthraj
Pandya waives service of notice of rule for and on behalf of the
respondent no.1 – State and learned advocate Mr. Utsav H.
Khamar waives service of notice of rule for and on behalf of the
respondent no.2 – complainant.


6.     The 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 impugned


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     R/CR.MA/8811/2026                                ORDER DATED: 17/04/2026




judgment        and      order   of    conviction   and   sentence        dated
16.01.2026 passed by the learned 32nd Additional Chief Judicial
Magistrate, Court No.46, Ahmedabad City, in Criminal Case No.
90313 of 2022, 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 filed by the
complainant –            Tushar Shantilal Solanki (Proprietor of Vihan
Finance), read thus :
       “4.    It is submitted that after the Conviction Judgement passed
       against the present petitioner, I have amicably settled with the
       petitioner. I no longer wish to carry further proceedings in the
       said complaint/case filed against the petitioner.

       5.     That we have settled the dispute and I have received
       amount Rs. 1,00,000 through Case and thus I have settled the
       said complaint and thus I have no grievance against the present
       petitioner.

       6.     I say and submit that the I have received amount Rs.
       1,00,000/- and we have settled the said complaint inter-se and
       thus I have no objection if the convicted judgement passed
       against the petitioner is quashed and setaside.

       7.      I say and submit that I am filing the present affidavit in
       support of the present quashing petition out of my free will and
       volition and without any force or coercion.”

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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      R/CR.MA/8811/2026                        ORDER DATED: 17/04/2026




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 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 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 16.01.2026 passed by
the learned 32nd Additional Chief Judicial Magistrate, Court
No.46, Ahmedabad City, in Criminal Case No. 90313 of 2022,
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 case of Sanjabij Tari

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            R/CR.MA/8811/2026                                                ORDER DATED: 17/04/2026




      Vs. Kishore S. Borcar and Another [2025 INSC 1158], the
      applicant is directed to deposit 7.5% of the cheque amount, by
      way of costs, with the District Legal Services 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




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: AMAR SINGH(HC01081), PRIVATE SECRETARY, at High Court of Gujarat on 17/04/2026 18:24:13




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