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Judgment
Vimal K. Vyas, J
Learned advocate Mr. Sudhanshu Jha appears and submits that he has instructions to appear on behalf of the respondent no.1 - complainant. He is permitted to file his appearance. Registry shall accept his vakalatnama.
By way of preferring the present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicants-accused seek to invoke the inherent powers of this Court, praying to quash and set-aside the order dated 05.07.2025 passed by the learned 3rd Additional Chief Judicial Magistrate, Ahmedabad (Rural), in Criminal Case No. 8282 of 2023, for the offence punishable under Section 138 of the Negotiable Instruments Act as well as all other consequential proceedings arising pursuant thereto.
Today, when the matter is called out, the complainant, who is personally present before this Court, has produced her identity proof as well as the affidavits, which are ordered to be taken on record. In the said affidavits, the complainant has categorically stated that she has no grievance against the applicants as she has received her dues, and the dispute has been amicably resolved and there is no ill-will or any grievance amongst them.
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.
RULE returnable forthwith. Learned APP Ms. Krina Calla waives service of notice of rule for and on behalf of the respondent no.3 – State and learned advocate Mr. Sudhanshu Jha waives service of notice of rule for and on behalf of the respondent no.1 – complainant.
The complainant, who is personally present in the Court, has categorically stated before this Court that she has no objection if the application is allowed and the order of conviction dated 05.07.2025 passed by the learned 3rd Additional Chief Judicial Magistrate, Ahmedabad (Rural) in Criminal Case No. 8282 of 2023 is quashed and set-aside.
Thus, it appears from the aforesaid that to continue further with the proceedings pursuant to the impugned order of conviction would be a futile exercise and the same would amount to abuse of process of law.
The relevant paragraph of the affidavit reads thus :
“3. I say that the applicants are known to me and now the dispute as well as the grievance is resolved and therefore also, I do not want to prosecute the applicants any further for the conviction impugned in the present petition. I say that there are no disputes left between the parties. I have no objection if the conviction is quashed and set aside.
I further say and submit that I have received an amount of Rs. 2,15000/- (Rupees Two Lakh Fifteen Thousand) from the applicants in connection with the order of conviction dated 05.07.2025 passed by the Ld. 3rd A.C.J.M., Ahmedabad (Rural) in Criminal Case No.8282 of 2023 under the Negotiable Instruments Act.”
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 order of conviction 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 conviction and 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.
In the result, the application is allowed. The order dated 05.07.2025 passed by the learned 3rd Additional Chief Judicial Magistrate, Ahmedabad (Rural), in Criminal Case No. 8282 of 2023, for the offences 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 applicants.
In view of the ratio laid down in the judgment in the case of Sanjabij Tari Vs. Kishore S. Borcar and Another [2025 INSC 1158], the applicants are directed to deposit 7.5% of the cheque amount, by way of costs with the District Legal Service Authority, Ahmedabad, within a period of two weeks from the date of this order.
Rule made absolute. Direct service is permitted.