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Judgment
Learned advocate Ms. Kanan Odedra submits that she has instructions to appear for the respondent No.2 – original complainant and she shall file her Vakalatnama with the Registry.
The consent quashing petition seeks to quash the judgment and order dated 27.02.2026 passed in Criminal Case No. 18957 of 2020, whereby the learned 8th Additional Civil Page 1 of 3 Judge & JMFC, Surat convicted the petitioner under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as ‘the NI Act’) and directed the petitioner to undergo simple imprisonment of two months and to pay Rs.4,40,180/- as the double amount of cheque for the offence punishable under Section 138 of ‘the Act’, and in default thereof, directed to undergo simple imprisonment of one month.
Today, when the matter is taken up for hearing, learned advocate Ms. Kanan Odedra appearing for respondent No.2, tendered the affidavit on behalf of respondent No. 2, i.e. original complainant, which has been solemnized by Mr. Abhishek Unmed Jain, the Partner/POA of Trendsetter India, who is personally present before this Court, stating that the dispute has been amicably settled between them, he has also received the entire cheque amount from the petitioner, and therefore, he has no objection if the FIR and all consequential proceedings against the present petitioners is quashed and set aside.
Since the offence is compounded and the original complainant has received the amount due from the petitioner – accused, and when the original complainant does not intend to proceed further with the matter, I am of the considered opinion that the petition deserves consideration and requires to be allowed, and accordingly, it is allowed.
In view thereof, the judgment and order dated 27.02.2026 recording the conviction of the petitioner and all consequential proceedings arising from that order is hereby quashed and set aside, subject to payment of Rs.16,500/- as a compounding charge to be paid in the Gujarat State Legal Services Authority (GSLSA), within Three weeks from today and to place on record the copy of the receipt in the matter.
It is made clear that if the petitioner fails to deposit the aforesaid compounding charge within the time prescribed, the present judgment quashing the impugned judgment and order shall stand automatically recalled.
Accordingly, the petition stands disposed of in the aforesaid terms.