1. Mr. Darshan B. Sakariya, learned advocate has instruction to appear for and on behalf of respondent No.2 - original complainant. He is permitted to file appearance. Registry is directed to accept the same.

2. With the consent of the learned advocates appearing for the respective parties, the present matter is taken up for hearing.

3. Heard Mr. Vishvarajsinh D. Vaghela, learned advocate for the petitioner, Ms. Vrunda Shah, learned APP for the respondent - State as also Mr. Darshan Sakariya, learned advocate for respondent No.2 - original complainant.

4. RULE returnable forthwith. Ms. Vrunda Shah, learned APP as also Mr. Darshan B. Sakariya, learned advocate, waive service of notice of rule for and on behalf of the respective respondents.

5. By way of this petition, the petitioner - original accused has sought the following reliefs:-

          "(a) To allow this petition;

          (b) To issue appropriate writ, order or direction for quashing and setting aside the impugned judgment and order of conviction dated 07/11/2025 order passed in the Criminal Case No.511 of 2023 by the 9th Addl. Chief Judicial Magistrate, at: Rajkot under Section 138 of the Negotiable Instruments Act and suspend the sentence imposed upon the present applicant;

          (C) To pass any other and further orders as may be deemed fit and proper to this Hon'ble Court."

6. Mr. Vaghela, learned advocate for the petitioner - accused would submit that the petitioner was facing a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the N.I. Act') filed by respondent No.2 herein - complainant. It is submitted that the learned Magistrate concerned has convicted the petitioner vide its judgment and order dated 07.11.2025 passed in Criminal Case No.511 of 2023.

          6.1 It is further submitted that, upon arrangement of the funds, the petitioner has paid the amount of cheque being Rs.65,346/- to the complainant - Bank. So, the order of conviction and sentence may be quashed and set aside by this Court as parties have amicably settled the matter.

7. Per contra, Mr. Sakariya, learned advocate for respondent No.2 - original complainant has tendered a copy of affidavit dated 11.05.2026 sworn by the authorized person of the complainant - HDFC Bank, namely Mr. Kiranbhai Rajeshkumar Sukhadiya. The aforesaid affidavit of the original complainant is taken on record.

          7.1 Mr. Sakariya, learned advocate, would state that post-conviction, the petitioner herein has paid a sum of Rs.65,346/-, i.e., cheque amount to the complainant - Bank and it has no objection if the impugned order of conviction and sentence may be quashed and set aside by this Court.

          7.2 The deponent of the aforesaid affidavit, happens to be authorized person of complainant - Bank namely Kiranbhai Rajeshkumar Sukhadiya is also virtually joined the proceeding, who is identified by Mr. Sakariya, learned advocate for the original complainant. The said authorized person of the complainant- HDFC Bank has confirmed the aforesaid fact/development. He is agreed and stated before this Court that the complainant - HDFC Bank has no objection if this Court may pass an appropriate order in the matter.

8. Likewise, Ms. Vrunda Shah, learned APP would request this Court to pass an appropriate order in the matter.

9. Having heard the learned advocates for the respective parties and upon perusal of the aforesaid affidavit submitted on behalf of the original complainant before this Court, it appears that the parties have amicably settled the dispute, whereby the petitioner herein has paid a sum of Rs.65,346/- (cheque amount) to the complainant - Bank.

10. Thus, considering the aforesaid facts and circumstances, and more particularly the fact that the original complainant has no objection if this Court quashes and sets aside the impugned judgement and order of conviction and sentence, I am of the considered view that this is a fit case in which this Court should exercise its inherent power to quash the proceedings to subserve the ends of justice. Accordingly, the impugned judgement and order dated 07.11.2025 passed in Criminal Case No.511 of 2023 by the 9th Addl. Chief Judicial Magistrate, Rajkot, requires to be quashed and set aside, which is hereby quashed and set aside.

11. Accordingly, the present petition is allowed. Rule is made absolute to the aforesaid extent.