Oral Order

1. Learned advocate Ms. Honey Rawal submits that she has instructions to appear on behalf of the respondent no.2 - complainant. She is permitted to file her appearance. Registry shall accept her 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 22.05.2025 passed by the learned Additional Chief Judicial Magistrate, Nakhatrana, District: Kachchh, in Criminal Case No. 226 of 2017, for the 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 is virtually present before this Court. Learned advocate appearing on his behalf has produced his identity proof which is ordered to be taken on record. The affidavit of the complainant is annexed at Annexure 'B' to the application. In the said affidavit, the complainant has categorically stated that he has received his dues 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.

4. 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.

5. RULE returnable forthwith. Learned APP Mr. Rohan H. Rawal waives service of notice of rule for and on behalf of the respondent no.1 - State and learned advocate Ms. Honey Raval waives service of notice of rule for and on behalf of the respondent no.2 - complainant.

6. The complainant, who is virtually present before this Court, has categorically stated that the dispute has been 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.

7. The relevant paragraphs of the affidavit filed by the complainant - Mahavirsinh Dhirubhai Dabhi, read thus :

          " 2. I say that I have gone through the memo of petition and the facts and grounds stated in the memo of petition are not disputed by me. At the outset I say and submit that the disputes and grievances of both the sides have been amicably settled and I have received full amount and now I have no grievance against the petitioner.

          3. In the facts and circumstances as narrated above, I at my free will, wish and desire am stating on oath that I do not wish to prosecute further against the petitioner and as the dispute between us has been amicably settled. I state that the Judgment and Order dated 22.05.2025 passed in Criminal Case No. 226 of 2017 passed by the, Ld. Additional Chief Judicial Magistrate, Nakhatrana, District: Kutch may kindly be quashed."

8. 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.

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 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.

10. In the result, the application is allowed. The judgment and order dated 22.05.2025 passed by the learned Additional Chief Judicial Magistrate, Nakhatrana, District: Kachchh, in Criminal Case No. 226 of 2017, 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 present applicant.

11. 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, Kachchh, within a period of 2 weeks from the date of this order.

12. Rule made absolute. Direct service is permitted.