Sandeepkumar Ravjibhai Parmar vs State Of Gujarat & Anr

Vimal K. Vyas, J

Learned advocate Mr.Amman Saiyed 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.

1.1 RULE returnable forthwith. Learned APP Ms. Krina Calla waives service of notice of rule for and on behalf of the respondent no.1 - State of Gujarat. Mr.Amman Saiyed, learned advocate has entered appearance and waives service of notice of rule for and on behalf of the respondent no.2 - original complainant.

By this application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ”the BNSS”), the applicant seeks to invoke the inherent powers of this Court, praying for quashing and setting aside the Order dated 10.1.2025 passed in Criminal Case No. 2863 of 2021 by the learned 5th Additional Chief Judicial Magistrate, Nadiad, as well as the order dated 4.10.2025 passed in the Criminal Appeal No. 74 of 2025 passed by the learned 6th Additional Sessions Judge, Nadiadf for the offence punishable under Section 138 of the Negotiable Instruments Act, on the ground that the parties have amicably resolved the dispute.

An affidavit dated 16th October 2025 has been filed on behalf of the respondent no.2 - original complainant, inter alia, stating as under :

“ That after pronouncement of the aforesaid judgments, with the intervention of family members, elders and well-wishers, the entire dispute between myself and the petitioner has been amicably settled. I hereby acknowledge that I have received the entire cheque amount along with mutually agreed settlement consideration and there is no surviving grievance against the petitioner”

It appears from the affidavit that the applicant has already paid an amount of cheque to the tune of Rs. 1,50,000 to the complainant

Taking into consideration the fact that the parties have amicably resolved the dispute, no useful purpose would now be served to continue further with the proceedings arsing out of the Criminal case and Criminal Appeal.

In the result, this application is allowed. The Order dated 10.1.2025 passed in Criminal Case No. 2863 of 2021 by the learned 5th Additional Chief Judicial Magistrate, Nadiad, as well as the order dated 4.10.2025 passed in Criminal Appeal No. 74 of 2025 by the learned 6th Additional Sessions Judge, Nadiad are hereby ordered to be quashed and set aside. All consequential proceedings arising pursuant thereto shall also stand quashed qua the applicant.

Rule made absolute. Direct service is permitted.

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 Services Authority, Nadiad at Kheda within a period of 2 weeks from the date of this order.

Learned advocate Mr. Kadri appearing for the applicant has submitted that at the time of filing of the Appeal before the learned Sessions Court the present applicant had deposited Rs. 22,500/- before the Court of learned Sessions Court, Kheda at Nadiad which shall be adjusted against the costs to be deposited with the District Legal Services Authority and the remaining may be refunded to the applicant.