SIKANDARALI FAKIR MOHAMMAD SAIYED vs STATE OF GUJARAT

Court
Gujarat High Court

R/SCR.A/15474/2026 JUDGMENT DATED: 28/10/2026
(GJHC240548602026)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (FOR CONSENT QUASHING) NO.
15474 of 2026
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SIKANDARALI FAKIR MOHAMMAD SAIYED
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR. JAY M THAKKAR(6677) for the Applicant(s) No. 1
MR HARDIK MEHTA, ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM: HONOURABLE MR. JUSTICE J. C. DOSHI

Date : 28/10/2026

JUDGMENT
1. Rule returnable forthwith. Learned APP waives
service of notice of Rule for and on behalf of respondent -
State. Learned advocate Mr. Bhavik Samani waives service
of notice of Rule for and on behalf of respondent No.2-
original complainant.
2. The present application is filed under section 528 of
Bharatiya Nagrik Suraksha Sanhita, 2023 for quashment of
the judgment and order dated 9.10.2023 passed in Criminal
Case No.527/2021 by the learned Additional Judicial
Magistrate First Class, Godhra & judgment and order dated
21.1.2026 passed by the learned Addl. Sessions Judge ,
Godhra in Criminal Appeal No.102 of 2023, whereby, the
present petitioner was convicted for the offence punishable
under section 138 of the N.I.Act.
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R/SCR.A/15474/2026 JUDGMENT DATED: 28/10/2026
(GJHC240548602026)
3. At the outset, it is submitted by learned advocates for
the respective parties that the dispute is resolved between
the parties and the complainant has given no objection if
the order of conviction is quashed and set aside. The
complainant is present before this Court, identified by the
learned advocate on his/her behalf who has filed an
affidavit in support of the petitioner.
4. Having heard learned counsel appearing for the
respective parties, as well as considering the facts and
circumstances arising out of the present application,
settlement affidavit and also taking into consideration the
decisions rendered in the cases of Gian Singh Vs. State
of Punjab & Anr. , 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 & Anr. , reported in 2009 (1)
GLH 31, Manoj Sharma Vs. State & Ors. , reported in
2009 (1) GLH 190 and Narinder Singh & Ors. Vs. State
of Punjab & Anr. 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 in relation to the impugned FIR and
the Criminal Case against the applicants-accused would be
an unnecessary harassment to the applicants-accused. It
further appears that the trial would be a futile exercise and
further continuing with the criminal proceedings pursuant
to the impugned FIR and the Criminal Case would amount
to abuse of process of law. Hence, to secure the ends of
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R/SCR.A/15474/2026 JUDGMENT DATED: 28/10/2026
(GJHC240548602026)
justice, the impugned FIR as well as the proceedings of the
Criminal Case, so also all other consequential proceedings
are required to be quashed and set aside in exercise of the
powers conferred under Section 528 of the Bharatiya
Nagarik Suraksha Sanhita, 2023.
5. This Court has also referred the decision rendered by
the Apex Court in the case of SANJABIJ TARI V/S
KISHORE S BORCAR & ANR , reported in 2025
LawSuit(SC) 1302, wherein it is held that since a very
large number of cheque bouncing cases are still pending
and interest rates have fallen in the last few years, this
Court is of the view that it is time to 'revisit and tweak the
guidelines'. Accordingly, the aforesaid guidelines of
compounding are modified as under:-
"THE GUIDELINES
“(a) If the accused pays the cheque amount before
recording of his evidence (namely defence
evidence), then the Trial Court may allow
compounding of the offence without imposing any
cost or penalty on the accused.
(b) If the accused makes the payment of the cheque
amount post the recording of his evidence but prior
to the pronouncement of judgment by the Trial
Court, the Magistrate may allow compounding of
the offence on payment of additional 5% of the
cheque amount with the Legal Services Authority
or such other Authority as the Court deems fit.
(c) Similarly, if the payment of cheque amount is
made before the Sessions Court or a High Court in
Revision or Appeal, such Court may compound the
offence on the condition that the accused pays
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R/SCR.A/15474/2026 JUDGMENT DATED: 28/10/2026
(GJHC240548602026)
7.5% of the cheque amount by way of costs.
(d) Finally, if the cheque amount is tendered before
this Court, the figure would increase to 10% of the
cheque amount.”
6. Considering the overall submissions and the fact that the
parties have amicably settled the dispute, present
application is allowed. The judgment and order dated
9.10.2023 passed in Criminal Case No.527/2021 by the
learned Additional Judicial Magistrate First Class, Godhra
& judgment and order dated 21.1.2026 passed by the
learned Addl. Sessions Judge , Godhra in Criminal Appeal
No.102 of 2023 are hereby quashed. In view of the
quashment of the FIR and the subsequent proceedings
arising therefrom, the applicant shall be released forthwith,
if not required in connection with any other case.
7. The present petitioner is directed to deposit an amount
equivalent to 7.5% of the cheque amount i.e. Rs.1,24,125/-
with the Gujarat High Court Legal Aid Services Authority
within a period of two weeks from today.
8. If the petitioner accused fails to deposit the aforesaid
amount within stipulated time period, the same shall be
recovered as fine. Necessary recovery warrant shall also be
issued and the concerned Collector shall recover the aforesaid
amount as arrears of land revenue.
Rule is made absolute accordingly.
(J. C. DOSHI,J)
SHEKHAR P. BARVE
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