NARENDRABHAI MANSUKHBHAI DODversusSTATE OF GUJARAT

      R/CR.MA/8137/2026                              ORDER DATED: 08/04/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 8137
                           of 2026

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                          NARENDRABHAI MANSUKHBHAI DOD
                                      Versus
                             STATE OF GUJARAT & ANR.
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Appearance:
MR ANIL H RATHOD(9691) for the Applicant(s) No. 1
MS. KRINA P. CALLA, APP for the Respondent(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS

                                 Date : 08/04/2026

                                  ORAL ORDER


1.      Learned advocate Mr. Utsav R. Shah 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 12.03.2026 passed by the learned 6 th Additional Sessions
Judge, Rajkot, in Criminal Appeal No. 419 of 2024; as well as
the judgment and order dated 18.05.2024 passed by the learned
18th Additional Senior Civil Judge and Additional Chief Judicial
Magistrate, Rajkot, in Criminal Case No. 6536 of 2018, for the


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     R/CR.MA/8137/2026                             ORDER DATED: 08/04/2026




offence punishable under Section 138 of the Negotiable
Instruments Act as well as all 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 already
received his dues and has no grievance against the applicant.
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 Ms. Krina Calla
waives service of notice of rule for and on behalf of the
respondent no.1 – State and learned advocate Mr. Utsav R. Shah
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,


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     R/CR.MA/8137/2026                                ORDER DATED: 08/04/2026




has categorically stated before this Court that he has no
objection if the application is allowed and the impugned
judgment        and      order   of    conviction   and   sentence        dated
12.03.2026 passed by the learned 6th Additional Sessions Judge,
Rajkot, in Criminal Appeal No. 419 of 2024; as well as the
impugned judgment and order dated 18.05.2024 passed by the
learned 18th Additional Senior Civil Judge and Additional Chief
Judicial Magistrate, Rajkot, in Criminal Case No. 6536 of 2018,
are quashed and set-aside.


7.     Thus, it appears from the aforesaid that to continue
further with the proceedings pursuant to the impugned
judgments and orders 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 – Bharatbhai Haribhai Gohel, read thus :
       “2.     I submit that I've filed private complaint u/s 138 of NI Act
       viz. Criminal Case NO. 6536 of 2018 against the present
       applicant before the Id. CJM, Rajkot in which evidence was
       produced and argument was made by both the sides and
       thereafter the present applicant came to be ordered to undergo 1
       year for the offence under Section 138 of NI Act along with fine
       of Rs. 4,00,000, being aggrieved by the order of conviction, the
       applicant preferred captioned appeal viz. Criminal Appeal No.
       419 of 2024 before the appellate court which came to be rejected
       by order dated 12.03.2026, and subsequently, we have resolve
       the dispute, now no grievances exists amongst us. I say and
       submit that disputed amount is returned back by the accused and
       that is how dispute got resolved.

       3.   I say and submit that I have received entire cheque
       amount Rupees 4,00,000/- (Four lacs rupees only).



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     R/CR.MA/8137/2026                               ORDER DATED: 08/04/2026




       4.     I say and submit that the dispute in question between the
       two parties came to be resolved amicably and peacefully, with
       the help of community leader, friends and relatives. I submit that
       as now the dispute no longer exists amongst us, under these set
       of circumstances, I request the Hon'ble Court to terminate the
       proceeding as prayed for by the applicant, and I also urges the
       Hon'ble Court to exercise the inherent jurisdiction for
       considering the prayer of the applicant in the facts and
       circumstances of the present case.”


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
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 judgments and orders 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 judgments
and orders 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.



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       R/CR.MA/8137/2026                                                ORDER DATED: 08/04/2026




 10.      In the result, the application is allowed. The judgment and
 order of conviction and sentence dated 12.03.2026 passed by
 the learned 6th Additional Sessions Judge, Rajkot, in Criminal
 Appeal No. 419 of 2024; as well as the judgment and order
 dated 18.05.2024 passed by the learned 18th Additional Senior
 Civil Judge and Additional Chief Judicial Magistrate, Rajkot, in
 Criminal Case No. 6536 of 2018, 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
 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, Rajkot,
 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 09/04/2026 17:50:04




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