Bombay High Court

ISAQ MANSURKHAN PATHANversusTHE STATE OF MAHARASHTRA AND ANR.

Disposal: DISPOSED OFF

Holding

The conviction under section 138 of the Negotiable Instruments Act was quashed and the accused was acquitted.

Summary

The petitioner, Isaq Mansurkhan Pathan, filed a criminal revision seeking relief from a conviction under section 138 of the Negotiable Instruments Act. The respondent State of Maharashtra, through its counsel, produced a compromise deed indicating that the complainant had received full compensation and raised no objection to the petitioner's acquittal. The Court accepted the compromise as evidence and, on that basis, quashed the Sessions Judge's order confirming the earlier conviction and ordered the petitioner’s acquittal. Consequently, the bail bond and any surety were cancelled and discharged. The pending criminal applications arising from the same facts were also dismissed as they no longer survived.

Issues considered

Whether a compromise and full compensation to the complainant can justify setting aside a conviction under s.138 NI Act.
Whether the conviction confirmed by the Sessions Judge can be quashed on the basis of the compromise.

Legislation cited

Negotiable Instruments Act — s. 138

Subjects

Criminal revision
Section 138
Negotiable Instruments Act
Compromise
Acquittal
Bail cancellation

Judgment

2026:BHC-AUG:46805




                                                  -1-

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                       918 CRIMINAL REVISION APPLICATION NO. 80 OF 2017

                                       ISAQ MANSURKHAN PATHAN
                                                VERSUS
                                      THE STATE OF MAHARASHTRA
                                                 WITH
                                 CRIMINAL APPLICATION NO. 1321 OF 2017
                                            IN REVN/80/2017

                                       ISAQ MANSURKHAN PATHAN
                                                 VERSUS
                                THE STATE OF MAHARASHTRA AND ANOTHER
                                                  WITH
                                 CRIMINAL APPLICATION NO. 1460 OF 2017
                                             IN REVN/80/2017

                                       ISAQ MANSURKHAN PATHAN
                                                VERSUS
                                THE STATE OF MAHARASHTRA AND ANOTHER

              Mr.RS.Salve h/f Mr.H.V.Tungar, Advocate for the Applicant.
              Mr.Chetan R.More h/f Mr.G.J.Pahilwan, Advocate for Respondent No.2.
              Mr.C.V.Bhadane, APP for the Respondent/State.

                                     ( CORAM : SUSHIL M. GHODESWAR, J. )

                                        DATE : 6th OCTOBER, 2026

              PER COURT :


              1.                The learned Advocate Mr.More tenders a copy of the

              compromise took place between the parties. The same is taken on

              record and marked as ‘X’ for the purpose of identification.


              khs/Oct.2026/80
                                      -2-

2.                In pursuance to the said compromise, the learned Advocate

for the Respondent states that the Respondent/Complainant is not

having any objection, if the Applicant is acquitted, as the Complainant

has received the entire amount of compensation.



3.                In that view of the matter, the instant Criminal Revision

Application stands disposed of with following order :-

[a]     The impugned orders dated 07/03/2017 passed by the learned
Sessions Judge, Beed in Criminal Appeal No.76/2016, thereby
confirming the order of conviction passed in SCC No.884/2014 dated
15.07.2016, by the learned Judicial Magistrate F.C. (Court No.4), Beed,
are hereby quashed and set aside.
[b]     The Applicant/Accused namely Isaq Mansurkhan Pathan is
acquitted from the offence punishable u/s 138 of the N.I.Act.
[c]     His bail bond stands cancelled. Surety, if any, stands discharged.



4.                In view of disposal of Criminal Revision Application,

pending Cri.Appl.No.1321/2017 and Cri.Appl.No.1460/2017, do not

survive, hence stand disposed of, as such.



                                         ( SUSHIL M. GHODESWAR, J.)




khs/Oct.2026/80

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