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1. Present Petition is preferred by the Petitioner (Original Accused) under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking quashing and setting aside of impugned order dated 05.12.2025 passed in Criminal Case No. 345 of 2025 by learned 4th Additional Chief Judicial Magistrate Court, Jamnagar for the offences punishable under Section 138 of the Negotiable Instruments Act.
2. Heard learned Advocate for the Petitioner and learned APP for the Respondent - State. Learned Advocate Mr. Harshal Patel appears and states that he has received instructions to appear on behalf of Respondent No.2 - Original Complainant and he would be filing his appearance during the course of the day. Registry to accept the Vakalatnama.
3. Rule. Learned APP waives service of notice for and on behalf of the respondent - State and learned Advocate Mr. Harshal Patel waives service of Rule on behalf of the Original Complainant.
4. Learned Advocate for the Petitioner has submitted that the matter has been amicably settled between the parties and they are now not willing to proceed with the complaint any further.
5. Leaned Advocate appearing on behalf Original Complainant - respondent No. 2, has placed on record the Affidavit dated 15.06.2026. He submitted that matter has been amicably settled between the parties and there is no objection if present Petition is allowed. The relevant paragraph from the Affidavit reads thus:
"2. I say and submit that the petitioner herein has paid the loan amount in full and final settlement and therefore, agreement is arrived between us and present petitioner and now we don't have any grievance left to prosecute further qua the petitioner herein. I further submit that, we are having no objection if the impugned judgment and order of conviction and all the consequential proceedings arising out of the same are quashed and set aside qua the petitioner herein.
3. I say and submit that, the matter is settled as the petitioner has paid full and final amount with the bank. I further say and submit that, the dispute was absolutely private in nature. I further state that bank have no objection if the impugned judgment and order of conviction and all other subsequent proceedings are quashed qua the petitioner by this Hon'ble Court in the interest of justice."
6. Considering averments made in the Affidavit as also the submissions made by the learned Advocates for the respective parties, the present Application deserves to be allowed and is hereby allowed. The order dated 05.12.2025 passed in Criminal Case No. 345 of 2025 by learned 4th Additional Chief Judicial Magistrate Court, Jamnagar is hereby quashed and set aside qua the present Petitioner. Rule is made absolute.
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